EPA v. SEQUA CORPORATION , ET. AL. (DUBLIN TCE)

Case summary

THE DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ENTERS ORDERS GRANTING MOTION TO MODIFY CONSENT DECREE. ON MAY 11, 2016, THE DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (COURT) ENTERED AN ORDER GRANTING THE UNITED STATES AND DEFENDANTS SEQUA CORPORATION AND JOHN H. THOMPSON'S JOINT MOTION TO MODIFY THE CONSENT DECREE (CD) ENTERED ON JULY 12, 2005. THE CD RESOLVED THE UNITED STATES CLAIMS UNDER SECTION 106 AND 107(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9606 AND 9607(a), AGAINST DEFENDANTS, IN CONNECTION WITH THE DUBLIN TCE SUPERFUND SITE, LOCATED IN DUBLIN BOROUGH, BUCKS COUNTY, PENNSYLVANIA. THE CD MODIFICATION ADDS TWO ADDITIONAL APPENDICES TO THE CD, EPA'S SECOND EXPLANATION OF SIGNIFICAT DIFFERENCES (2ND ESD) ISSUED ON SEPTEMBER 10, 2015 AND THE PREAUTHORIZATION DECISION DOCUMENT (PDD) ISSUED ON MARCH 9, 2016. THE 2ND ESD DECLAREST HAT THE IN-SITU CHEMICAL OXIDATION REMEDIAL ACTION IMPLEMENTED AT THE SITE HAS FAILED OR WILL FAIL TO MEET AND/OR MAINTAIN THE REQUISITE PERFORMANCE STANDARDS AND TRIGGERS THE IMPLEMENTATION OF THE CONTINGENT PUMP/TREAT REMEDY AS CONTEMPLATED IN THE 2002 RECORD OF DECISION. PURSUANT TO THE TERMS OF THE CD, THE DEFENDANTS WILL IMPLEMENT THE CONTINGENT REMEDY. THE CD ALSO STATES THAT EPA WILL ENDEAVOR TO PROVIDE THE DEFENDANTS WITH FUNDS, SUBJECT TO AVAILABILITY, TO IMPLEMENT THE CONTIGENT REMEDY. ON JUNE 10, 2015, IN ORDER TO ACQUIRE FUNDING FROM EPA, THE DEFENDANTS SUBMITTED AN APPLICATION FOR PREAUTHORIZATION OF A CERCLA RESPONSE ACTION AS REQUIRED BY SECTION 300.700(d) OF THE NCP AND 40 C.F.R. SECTION 307.22. THE PDD APPROVES THE DEFEDANTS' REQUEST FOR PREAUTHORIZATION, SUBJECT TO THE PDD'S TERMS AND PERFORMANCE OF THE WORK, AS DEFINED IN THE CD, THE ROD AND THE CORRESPONDING ESDs. THE PDD ALSO MEMORAILIZES EPA's ELECTION OF PREAUTHORIZED MIXED FUNDING AS THE VEHICLE TO REIMBURSE THE DEFENDANTS ANS SETS FORTH THE PROCESS FOR REIMBURSEMENT. EPA IS CURRENTLY REVIEWIING THE CONTINGENT REMEDY WORK PLAN SUBMITTED BY DEFENDANTS ON APRIL 29, 2016.

Defendants (3)

• ATLELONE INDUSTRIES
• SEQUA CORPORATIONNamed in complaintNamed in settlement
• THOMPSON, JOHNNamed in complaintNamed in settlement

Facilities (1)

• DUBLIN TCE SITE

  120 MILL ST./ WHISTLEWOOD APT-ROUTE 313, DUBLIN, PA, 18917

  Registry ID: 110009322713

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• SEQUA CORPORATION, ET AL (DUBLIN TCE SITE)entered 2002-02-01

  Primary law: CERCLA

• SEQUA CORPORATION ([SEQUA CORP AND JOHN H THOMPSON) (DUBLIN TCE)-1ST MODIFICATIONentered 2016-05-11

  Primary law: CERCLA

Timeline (5 milestones)

• 2000-02-08Referred To Dept Of Justice
• 2000-02-15Enforcement Action Data Entered
• 2001-09-24Complaint Filed With Court
• 2016-05-03Final Order Lodged
• 2016-05-11Final Order Entered