EPA v. FEDERAL MOGUL IGNITION COMPANY_(HELLERTOWN SITE)

Case summary

Synopsis: The Hellertown Superfund Site is located in the Borough of Hellertown, Northampton County, Pennsylvania. Hellertown Manufacturing Company (HMC), a spark plug manufacturer, owned the Site from December 1950 until June 1988. During this same period Champion Sparkplug Co. (���Champion���) was the parent of HMC. From December, 1950 through 1976 HMC disposed of wastewater from its metal treatment processes into lagoons at the Site. In 1976, the lagoons were filled and closed. Subsequent sampling in the area of the lagoons revealed hazardous substances, primarily solvents including trichloroethylene (���TCE���), volatile organic compounds and metals, in the soils and in the groundwater underlying the Site. HMC ceased operations in 1982, the Site property was sold to Paikes Enterprises, Inc. in 1988, and HMC was dissolved as a corporation in 1990. The Site was proposed for listing on the National Priorities List (NPL) in 1987. In February 1988, Champion Spark Plug Company, the then-parent company of HMC, entered into an Administrative Order on Consent with EPA to perform a remedial investigation and feasibility study for the Site. In June 1988, the Site property was sold to Paikes Enterprises, Inc., a property management company. In 1990, HMC was dissolved as a corporation. In 1991, EPA issued a Proposed Plan for the remediation of the Site and a Record of Decision (ROD). The selected remedy in the ROD included an impermeable cover over the former lagoon area and a groundwater pump-and-treat system. EPA issued Special Notice letters to the potentially responsible parties (PRPs) and encouraged them to enter into a consent agreement to implement the remedy; however, negotiations were unsuccessful because no PRP was willing to design and construct the groundwater treatment system and the impermeable cover. EPA completed construction of the impermeable cover in 1994, and the groundwater treatment system was completed in March 1996. In 2001 the Pennsylvania Department of Environmental Protection took over the responsibility for operation and maintenance of the cover. On October 2, 2000, the United States filed Civil Action No. 00-4978 against Federal-Mogul Corporation in the United States District Court for the Eastern District of Pennsylvania. (In 1998 Federal Mogul Corp. had purchased Champion from Cooper Industries and re-named it Federal-Mogul Ignition Company (���FMIC���).) On November 20, 2000, the Court approved a Consent Decree, which consolidated the settlement with the United States and the Commonwealth and embodied an agreed-upon settlement of past costs at the Site accrued by the United States up until and including August 31, 1999. In October, 2001 FMIC filed for Chapter 11 bankruptcy, and the U.S. has filed a claim. Additional PRPs (aside from current owner Paikes) are being pursued.

Defendants (2)

• FEDERAL MOGUL IGNITION COMPANYNamed in complaintNamed in settlement
• PAIKES ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• HELLERTOWN MFG CO

  1770 MAIN ST, HELLERTOWN, PA, 18055

  Registry ID: 110004833921

Statutes cited

• CERCLA 104E3 — Entry Access
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FEDERAL MOGUL IGNITIONentered 2001-09-07

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-03-11Referred To Headquarters
• 1999-03-11Referred To Dept Of Justice
• 1999-03-12Enforcement Action Data Entered
• 2000-10-03Complaint Filed With Court
• 2000-10-22Final Order Lodged
• 2001-09-07Final Order Entered