EPA v. JOY TECHNOLOGIES, INC. IN RE (99-2194)

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 MANUFACTUIRNG COMPANY FROM 1969-1980 (WHICH MERGED INTO JOY TECHNOLOGIES, INC.), AFTER WHICH IT WAS PURCHASED BY ELWIN ALIFF. IN 1981, 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 OPERATIONS WERE DISPOSED THROUGH- OUT THE SITE; PCB CONTAMINATION WAS FOUND IN ON-AND OFF- SITE SOILS AND RELEASED THROUGH 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'S SUCCESSOR, HARNISCHFEGER INDUSTRIES, INC., WHICH ALONG WITH ITS U.S. SUBSIDIARIES, HAS FILED FOR CHAPTER 11 REORGANIZATION IN BANKRUPTCY COURT IN DELAWARE. EPA HAS REQUESTED THAT DOJ FILE PROOFS OF CLAIMS IN THE BANKRUPTCY CASES FILED BY JOY, HARNISCHFEGER AND MINING SERVICES, INC. (A POSSIBLE-RELATED ENTITY). THESE ACTION STEM FROM, INTER ALIA, EPA'S RESPONSE ACTIVITIES IN CONNECTION WITH TWO REMOVAL ACTIONS AT THE SITE RESULTING IN THE INCURRENCE BY EPA OF APPROXIMATELY $10.8 MILLION. JOY FAILED TO PERFORM THE SECOND REMOVAL UNDER A 1996 UAO AND, THEREFORE, EPA IS REFERRING AN ACTION FOR PENALTIES AND TREGLE DAMAGES AGAINST JOY AND HARNISCHFEGER. EPA IS SEEING, FOR PURPOSES OF THE PROOF OF CLAIM, $13,652,500 IN STATUTORY PENALTIES AND $17,237,486 IN TREBLE DAMAGES FOR JOY'S FAILURE TO COMPLY WITH UAO.

Defendants (1)

• JOY TECHNOLOGIES, INC. D/B/A JOY MININGNamed in complaintNamed in settlement

Facilities (1)

• RTE52 WASHINGTON ST EXTENSION SITE

  WASHINGTON STREET EXTENSION, BLUEFIELD, WV, 24701

  Registry ID: 110009318728

Statutes cited

• CERCLA 106B — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 113 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• JOY TECHNOLOGIES, INC.entered 2001-05-14

  Primary law: CERCLA

  Federal penalty: $1,500,000

Timeline (5 milestones)

• 1999-09-30Referred To Dept Of Justice
• 1999-10-01Enforcement Action Data Entered
• 2000-02-28Complaint Filed With Court
• 2001-05-14Final Order Lodged
• 2001-05-14Final Order Entered