EPA v. UNION CORPORATION (METAL BANK OF AMERICA)

Case summary

THE REGIONAL COUNSEL SENT A PRE-REFERRAL NEGOTIATION CIVIL LITIGATION REPORT CONCERNING THE METAL BANK SUPERFUND SITE IN PHILADELPHIA, PA TO THE DEPARTMENT OF JUSTICE IN ANTICIPATION OF NEGOTIATIONS FOR REMEDIAL DESIGN/REMEDIAL ACTION AND COST RECOVERY UNDER SECTION 106 AND 107 OF CERCLA. THE PRN RECOMMENDS TWENTY PARTIES AS DEFENDANTS, INCLUDING U.C.O.-M.B.A CORPORATION.I TWO FORMER OWNERS, AND SIXTEEN GENERATORS, PRIMARILY ELECTRIC UTILITES. SEVEN OF THE SIXTEEN RECOMMENDED GENERATOR DEDENDANTS ARE BEING OFFERED A DE MINIMIS SETTLEMENT. AN ADDITIONAL FOUR GENERATORS EITHER HAVE NOT BEEN LOCATED OR ARE DEFUNCT BUSINESSES, ALL OF WHICH WILL BE INCLUDED IN THE CALCULATION OF AN ORPHAN SHARE FOR PURPOSES OF THE RD/RA NEGOTIATIONS. THE SITE IS A FORMER SCRAP METAL AND TRANSFORMER SALVAGE FACILITY LOCATED IN AN INDUSTRIAL AREA OF NORTHEASTERN PHILADELPHIA, ON THE DELAWARE RIVER. FROM APPROXIMATELY 1968 OR 1969 UNTIL 1973, TRANSFORMER SALVAGE OPERATIONS WERE CONDUCTED AT THE SITE. TRANSFORMER OIL WAS DRAINED ON A CONCRETE PAD WHICH WAS CONNECTED TO UNDERGROUND STORAGE TANK. SPILLS OF THE OIL AND POSSIBLY A RUPTURE OF THE UNDERGROUND STORAGE TANK CAUSED SOIL AND GROUNDWATER CONTAMINATION AT SITE. THE 1994 RI/FS REPORT SHOWED THE PRESENCE OF CONTAMINANTS INCLUDING PCBS IN THE SOIL AND GROUNDWATER, METALS SUCH AS ARSENIC BERYLLIUM, CHROMIUM, COPPER, LEAD AND MERCURY, SEMI-VOLATILE ORGANIC COMPOUNDS SUCH AS METHYL ETHYL KETONE, PHTHALATES, AND POLYNUCLEAR AROMATIC HYDROCARBONS, DDT-TYPE PESTICIDES, DIOXINS AND FURANS. *****INF. LISTED BELOW IS FROM THE CASE WHICH WAS COMBINED TO THIS ONE (03-80-0007)***** UNION CORP, METAL BANK OF AMERICA, PHILADELPHIA, PA FILED 4/23/80, CIVIL ACTION # 80-1589, US DIST CT FOR THE EASTERN DISTRICT OF PA. UNION CORP & METAL BANK OWN AND OPERATED A DISPOSAL SITE ON THE BANK OF THE DELAWARE RIVER ON COTTMAN AVE IN PHILA. THE COMPLAINT ALLEGES THAT THE DEFENDANTS USED THE SITE TO DRAIN TRANSFORMERS CONTAINING PCB CONTAMINATED OIL, & SORTED THE WASTE OIL ON-SITE. ACCORDING TO THE COMPLAINT, SOIL, GRNWTR, & SURFACE WTR CONTAMINATION BY PCB'S HAS RESULTED FROM THE DEFENDANT'S STORAGE ACTIVITIES. COMPLAINT ASSERTS THAT EMPLOYEES OF THE DEFENDANTS DRAINED THE TRANSFORMERS OF OIL & PCB CONTENTS INTO AN UNDERGROUND STORAGE TANK. THE PCB'S WERE ALLOWED TO LEAK FROM THE TANK INTO A LAYER OF FILL WHICH HAD BEEN PLACED ON THE SITE. ACCORDING TO THE COMPLAINT, THERE ARE NOW POOLS OF OIL & PCBS IN THE SOIL BENEATH THE SITE. AS A RESULT, THE COMPLAINT ASSERTS, THE GROUNDWATER UNDER THE SITE HAS BEEN CONTAMINATED W/THE PCB'S. THE SUIT ALLEGES THAT PCB'S ARE IN OIL & WATER LAYERS UNDER THE SITE.

Defendants (25)

• POTOMAC ELECTRIC POWER CONamed in settlement
• GE CO
• METROPOLITAN EDISON CONamed in settlement
• METAL BANK OF AMERICA
• ORANGE AND ROCKLAND UTILITIES INCNamed in settlement
• PECO ENERGYNamed in settlement
• PENNSYLVANIA POWER AND LIGHT CONamed in settlement
• PETER CROFT/CROSS
• PUBLIC SERVICE ELECTRIC AND GAS CONamed in settlement
• SCHORSCH, IRVING, G. JR.Named in complaintNamed in settlement
• SCHORSCH, JOHN, B.Named in complaintNamed in settlement
• U.C.O.-M.B.A. CORPNamed in complaint
• UNION CORPNamed in complaint
• VIRGINIA ELECTRIC AND POWER CONamed in complaintNamed in settlement
• W.F. WIMMER CO
• BALTIMORE GAS AND ELECTRIC CONamed in settlement
• CABOT CORP
• CONSOLIDATED EDISON CO OF NEW YORK INCNamed in settlement
• DELMARVA POWER AND LIGHT CO
• GOLDBERG, HAROLD
• GOULD ELECTRONICS INC
• JERSEY CENTRAL POWER AND LIGHT CONamed in settlement
• JOSEPH BERLINER CO
• L. KOBROVSKY AND SONS
• LONG ISLAND LIGHTING CONamed in settlement

Facilities (1)

• METAL BANK COTTMAN SUPERFUND

  7301 MILNOR ST, PHILADELPHIA, PA, 19107

  Registry ID: 110001042185

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• TSCA 7 — Imminent Hazard
• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• UNION CORPORTION (METAL BANK OF AMERICA)entered 2006-03-14

  Primary law: CERCLA

• UNION CORPORTION (METAL BANK OF AMERICA)entered 2006-03-14

  Primary law: CERCLA

• UNION CORPORTION (METAL BANK OF AMERICA) COTTMAN AVENUEentered 2006-03-14

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-06-10Enforcement Action Data Entered
• 1997-06-20PRN Sent
• 1998-06-30Referred To Dept Of Justice
• 1998-09-04Complaint Filed With Court
• 2005-09-02Final Order Lodged
• 2006-03-14Final Order Entered