EPA v. LIN-ELCO CORP., et. al.

Case summary

THE SITE WAS USED UNTIL THE MID-1980S FOR OVERHAULING/REPAIR OF ELECTRICAL MOTORS (FILLED WITH COOLANT CONTAINING PCBS) FOR THE MINING INDUSTRY. THE SITE WAS OWNED BY JOY MANUFACTURING COMPANY FROM 1969-1980 (WHICH MERGED INTO JOY TECHNOLOGIES, INC.), AFTER WHICH IT WAS PURCHAED BY ELWIN ALIFF. IN 198, ALIFF TRANSFERRED OWNERSHIP OF THE SITE TO LIN-ELCO CORPORATION, A COMPANY ALSO ENGAGED IN ENGINE REPAIR IN WHICH ALIFF WAS PRESIDENT AND SOLE SHAREHOLDER. WASTES GENERATED BY THESE OPERATION WERE DISPOSED THROUGH- OUT THE ISTE; PCB CONTAMINATION WAS FOUND IN ON-AND OFF-SITE SOILS AND RELEASED HTROUGH THE DETERIORATION OF ON-SITE BUILDINGS. EPA HAS REQUESTED THAT COST RECOVERY CLAIMS BE BROUGHT AGAINST FIVE OWNER/OPERATORS, LIN-ELCO CORPORATION, THE ESTATE OF ELWIN ALIFF, LINDON TAYLOR, JOY TECHNOLOGIES, INC. D/B/A JOY MINING MACHINERY, AND JOY SUCCESSORS, HARNISCHFEGER INDUSTRIES, INC., WHICH ALONG WITH ITS U.S. SUSIDIARIES, HAS FILED FOR CHAPTER 11 REORGANIZATION IN BANKRUPTCY COURT IN DELAWARE. EPA'S RESPONSE ACTIVITES IN CONNECTION WITH TWO REMOVAL ACTIONS AT THE SITE RESULTING IN THE INCURRENCE BY EPA OF APPROXIMATELY $10.8 MILLION.

Defendants (5)

• ALIFF, WILLIAM R. (ESTATE OF ELWIN ALIFFNamed in complaintNamed in settlement
• HARNISCHFEGER INDUSTRIES, INC.
• JOY TECHNOLOGIES D/B/A JOY MINING MACHIN
• LIN-ELCO CORP.
• TAYLOR, LINDON T.

Facilities (1)

• RTE52 WASHINGTON ST EXTENSION SITE

  WASHINGTON STREET EXTENSION, BLUEFIELD, WV, 24701

  Registry ID: 110009318728

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALIFF, WILLIAM R. ADMINISTRATOR OF ESTATE OF ELWINentered 2002-05-23

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-09-30Referred To Dept Of Justice
• 1999-10-01Enforcement Action Data Entered
• 2002-03-26Complaint Filed With Court
• 2002-03-27Final Order Lodged
• 2002-05-23Final Order Entered