EPA v. ACTION MANUFACTURING, ET. AL.

Case summary

RUTH BALDERSTON AND HER HUSBAND HENRY L. BALDERSTON OWNED TH THE PROPERTY UPON WHICH HENRY OPERATED THE CHENCLENE CORPORATION, AS A CHLORINATED SOLVENT RECLAMATION PLANT FROM 1952 UNTIL HIS DEATH, APPROXIMATELY 1975. THE LOCATION OF THE CHEMCLENE OPERATION WAS PART OF A 142 ACRE TRACT PURCHASED BY RUTH AND HENRY IN 1949. IN APPROXIMATELY 1975, HENRY AND RUTH'S SON W. LLOYD BALDERSTON TOOK OVER THE OPERATION OF THE CHEMCLENE CORPORATION AS PRESIDENT AND 100% SHAREHOLDER. W. LLOYD BALDERSTON CONTINUES TO OWN AND OPERATE THE CHEMCLENE CORPORATION TO THE PRESENT DAY. IN 1990, RUTH BALDERSTON SOLD A 5.5 ACRE PARCEL, OF THE ORIGINAL 142 TRACT OF LAND, WHICH HOUSED THE CHEMCLENE OPERATIONS, TO THE CHEMCLENE CORPORATION. IN 1995, RUTH SOL SOLD AN ADDITIONAL 120 ACRES, OF THE ORIGINAL 142 ACRE TRACT TO THE SPRINGRIDGE MANAGMENET CORPORATION. W. LLOYD BALDERSTON IS THE PRESIDENT AND 100% SHAREHOLDER IN THE SPRINGRIDGE MANAGEMENT COMPANY. CHEMCLENE CORPORATION IS THE CURRENT OWNER AND OPERATOR OF THE SITE AND IS THEREFORE LIABLE PURSUANT TO 42 U.S.C. 9607(A)(2). RUTH BALDERSTON IS A FOMER OWNER OF THE SITE AT THE TIME OF DISPOSAL AND IS LIABLE PURSUANT TO 42 U.S.C. 9607(A)(2). LLOYD BALDERSTON IS THE CURRENT OPERATOR OF THE SITE AND OPERATED THE SITE AT TIME OF DISPOSAL AND IS LIABLE PURSUANT TO 42 U.S.C. 9607(A)(1) AND 42 U.S.C. 9607(A)(2). SPRINGRIDGE MANAGMENT CORPORATION IS THE CURRENT OWNER OF A PORTION OF THE SITE AND IS LIABLE PURSUANT TO 42 U.S.C. 9607(A)(1). A REFERRAL WAS FORWARDED TO THE DEPARTMENT OF JUSTICE ON JUNE 14, 1999 REQUESTING THAT A CIVIL ACTION UNDER CERCLA BE FILED AGAINST THE SITE OWNERS, GENERATORS AND GENERATORS IDENTIFIED AS POTENTIALLY RESPONSIBLE PARTIES AT THE MALVERN TCE SUPERFUND SITE, WHICH IS LISTED ON THE NPL. THE LAWSUIT WOULD SEEK PAST EPA COSTS AND INJUNCTIVE RELIEF TO IMPLEMENT A NOVEMBER 1997 RECORD OF DECISION TO CLEAN AN ADMINISTRATIVE ORDER ON CONSENT UNDER CERCLA TO BEGIN DESIGN WORK FOR THE REMEDIAL WORK.

Defendants (59)

• CHEMCLENE CORPORATIONNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in settlement
• HERCULES INCORPORATEDNamed in settlement
• PICATINNY ARSENAL
• PLYMOUTH TUBENamed in settlement
• PORTER INSTRUMENTS
• PP&L NORTHERN DIVISION SERVICE CENTERNamed in complaintNamed in settlement
• QUAKER CITY CHEMICALS
• REILLY PLATINGNamed in settlement
• RESOURCE TECHNOLOGY SERVICES, INC.
• SIMON WRECKING COMPANY, INC.
• SPRINGRIDGE MANAGEMENT CORPORATIONNamed in complaintNamed in settlement
• SUNROC CORPORATIONNamed in complaintNamed in settlement
• SYNTEX (U.S.A.) FOR SNYTEX DENTAL PRODUCNamed in complaintNamed in settlement
• U.S. DEFENSE LOGISTICS AGENCYNamed in complaintNamed in settlement
• U.S. NAVY BASE
• U.S.G. INTERIORS (USG GROUPING)Named in complaintNamed in settlement
• UNISYS CORP (BURROUGHS CORPORATION)Named in settlement
• VISHAY INSTRUMENTS (VISHAY RESISTIVE SYSNamed in complaintNamed in settlement
• VIZ LIQUIDATION TRUST (VIZ MANUFACTURINGNamed in complaintNamed in settlement
• A.S. KOCH CORPORATION
• ACTION MANUFACTURING COMPANYNamed in settlement
• ALCOA F/K/A ALUMINUM CO OF AMERICANamed in complaintNamed in settlement
• ARMSTRONG CORK COMPANYNamed in settlement
• AYDIN (L-3 COMMUNICATIONS)Named in complaintNamed in settlement
• …and 34 more

Facilities (1)

• MALVERN TCE SUPERFUND SITE

  258 NORTH PHOENIXVILLE PIKE, MALVERN, PA, 19355

  Registry ID: 110023747524

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ACTION MANUFACTURING, ET. AL.entered 2006-07-07

  Primary law: CERCLA

• ACTION MANUFACTURING, ET. AL.entered 1999-12-13

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-06-14Referred To Dept Of Justice
• 1999-07-07Enforcement Action Data Entered
• 1999-07-13Complaint Filed With Court
• 2005-12-02Final Order Lodged
• 2006-07-07Final Order Entered