EPA v. NOZNESKY, CHARLES ESTATE OF

Case summary

REGION REFERRED CIVIL ACTION UNDER CERCLA SECTION 107 FOR REIMBURSEMENT OF APPROXIMATELY $2,061,285.29 SPENT ON RESPONSE COSTS INCURRED IN CONNECTION WITH THE KENNETT SQUAR SQUARE JUNKYARD SITE AGAINST THE SITE OWNER-THE ESTATE OF CHARLES NOZNESKY. THE SITE WAS PURCHASED IN 1958 BY MR. NOZNESKY, WHO OPERATED A SCRAPYARD ON THE PROPERTY UNTIL HIS DEATH IN FEBRUARY 1979. EPA PERFORMED AN EMERGENCY REMOVAL ACTION AT THE SITE IN 1993 IN WHICH EPA REMOVED FROM THE SITE, AMONG OTHER THINGS, 662 TONS OF METALS-CONTAMINATED SOIL; 950 TONS OF PCB-CONTAMINATED SOIL; AND 1498 EMPTY, CRUSHED DRUMS. ADDITIONAL DATA OBTAINED FROM THE SITE IN DECEMBER 1996 REVEALED THE PRESENCE OF HAZARDOUS SUBSTANCES IN SOILS INCLUIDNG BENZO(A)ANTHRACENE, BENZO(B)FLUORANTHENE, BENZO(A)PYRENE, DIBENZ(A,H)ANTHRACENE, DIELDRIN, AROCLOR 1221, AROCLOR 1260, AND LEAD. A HEALTH CONSULTATION ISSUED BY THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY ( ATSDR ) IN NOVEMBER 1997 RECOMMENDED THAT CERTAIN STEPS BE TAKEN TO PROTECT THE PUBLIC FROM HAZARDOUS SUBSTANCES REMAINING AT THE SITE. EPA EXPECTED TO INCORPORATE ATSDR'S RECOMMENDATIONS IN A PROSPECTIVE PURCHASER AGREEMENT THE AGENCY BEGAN TO NEGOTIATE WITH SITE NEIGHBOR KAOLIN MUSHROOM FARMS, INC. IN 1998, BUT THE AGREEMENT WAS NEVER CONSUMMATED. EPA NOW HAS REASON TO BELIEVE THAT KAOLIN WILL RENEW EFFORTS TO SECURE A PROSPECTIVE PURCHASER AGREEMENT AND WILL PURCHASE THE SITE PROPERTY FROM THE CURRENT OWNER FOR $750,000. EPA MAY INCUR ADDITIONAL COSTS TO IMPLEMENT ATSDR'S RECOMMENDATIONS AT THE SITE IF A PROSPECTIVE PURCHASER AGREEMENT INCORPORATING SUCH RECOMMENDATIONS IS NOT FINALIZED.

Defendants (2)

• GALLAGHER, WILLIAM, EXECUTOR S. NOZNESKYNamed in complaintNamed in settlement
• NOZNESKY, CHARLES ESTATE OFNamed in complaint

Facilities (1)

• KENNETT SQUARE JUNKYARD

  OFF RTE 1, KENNETT SQUARE, PA, 19348

  Registry ID: 110009307776

Statutes cited

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

Enforcement conclusions (1)

• GALLAGHER, WILLIAM J, EXECUTOR S. NOZNESKYentered 2004-02-13

  Primary law: CERCLA

Timeline (5 milestones)

• 2000-03-01Enforcement Action Data Entered
• 2000-03-01Referred To Dept Of Justice
• 2000-11-09Complaint Filed With Court
• 2003-12-12Final Order Lodged
• 2004-02-13Final Order Entered