EPA v. MODENA YARD

Case summary

THIS IS A CERCLA 106 REMOVAL ORDER TO CLEANUP SOIL CONTAMINATED WITH LEAD & PCBS AT THE MODENA YARD SITE IN CHESTER COUNTY, PA. ON 09/07/04, REGION III AND CONNELL LIMITED PARTNERSHIP HAVE AGREED TO AMEND THE AOC FOR REMOVAL RESPONSE ACTION FOR THE MODENA YARK SUPERFUND SITE IN MODENA BOROUGH AND EAST FALLOWFIELD TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA. THE LOCAL BOROUGH AND TOWNSHIP HAV EXPRESSED AN INTEREST IN OBTAINING THE SITE PROPERTY FOR USE AS A PART LAND AND/OR AS A RECREATIONAL FACILITY. THE AMENDMENT WILL HELP FACILITATE SUCH FUTURE USE OF THE SITE. THE SITE IS A 20-ACRE, FORMER SCRAP YARD AND RAILCAR-DISMANTLING FACILITY OPERATED BY CORNELL'S PREDECESSOR, LURIA BROTHERS, INC., FROM 1922 TO 1984. THE WEST BRANCH OF THE BRANDYWINE CREEK RUNS ALONG THE SITE'S SOUTH BORDER. SAMPLING BY EPA AND THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES SHOWED ELEVATED LEVELS OF LEAD (UP TO 2300 PPM) AND POLYCHLORINATED BIPHENYLS (UP TO 230 PPM) IN THE SITE SOILS. ON SEPTEMBER 29, 1999, REGION III AND CONNELL ENTERED INTO A CONSENT ORDER, UNDER WHICH CONNELL HAS CAPPED THE SITE WITH GEOSYNTHETIC CLAY LINER ( GCL ) AND A TWO-FOOT SOIL CAP. UNDER THE AMENDMENT, THE CONSENT ORDER'S PROVISION PROHIBITING VARIOUS POST-REMOVAL SITE ACTIVITIES, INCLUDING RECREATION, HAS BEEN REPLACED. THE NEW PROVISION REQUIRES INSTITUTIONAL CONTROLS, INCLUDING PROPERTY USE RESTRICTIONS IN DEEDS AND OTHER INSTRUMENTS THAT CONVEY AN INTEREST IN THE SITE PROPERTY, TO ENSURE FUTURE ACTIVITIES AT THE SITE DO NOT DISTURB THE GCL AND TWO-FOOT SOIL CAP. THE AMENDMENT ALSO ADDS A PROVISION TAHT REQUIRES CONNELL TO IMPLEMENT VARIOUS POST-REMOVAL SITE CONTROLS. THESE INCLUDE MAINTENANCE OF EXISTING GATES, FENCING, AND EROSION CONTROL MEASURES, PERJFORMANCE OF QUARTERLY INSPECTIONS, AND PROHIBITIONS ON ACTIVITIES THAT COULD DEGRADE THE CAP, INCLUDING A PROVISION THAT ANY PENETRATION INTO THE GROUND FOR ANY EQUIPMENT OR STRUCTURE SHALL MAINTAIN A MINIMUM DISTANCE OF 12 INCHES FROM THE GCL.

Defendants (1)

• CONNELL LIMITED PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• MODENA YARD

  20 CREEK RD, MODENA, PA, 19358

  Registry ID: 110009308365

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MODENA YARDentered 1999-09-29

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-07-01Enforcement Action Data Entered
• 1999-09-29Complaint Filed/Proposed Order
• 1999-09-29Final Order Issued