EPA v. MALTER INTERNATIONAL INC

Case summary

A UNILATERAL ADMINISTRATIVE ORDER FOR REMOVAL WAS ISSUED ON JUNE 9, 1999. THE ORDER WAS ISSUED TO THE RESPONDENTS, FRANK RIPA, THE OWNER AND/OR OPERATOR OF THE SITE PROPERTY, AND MALTER INTERNATIONAL, INC. (MALTER) THE OPERATOR OF THE SITE. MALTER INTERATIONAL OPERATED A CHEMICAL DISTRIBUTION FACILITY IN PITTSTON, PA DURING 1996 & 1997 UNTIL A FIRE IN SEPTEMBER OF 1997 FORCED THEM TO MOVE OPERATIONS TO WEST WYOMING, PA. IN MARCH OF 2000, MA;TER RETURNED TO PITTSTON SITE. THE SITE IS LOCATED IN A MIXED RESIDENTIAL/COMMERCIAL NEIGHBORHOOD. ON JUNE 2, 2000, A RELEASE OF HYDROFLORIC ACID, A CERCLA HAZARDOUS SUBSTANCE, OCCURRED AT THE SITE RESULTING IN THE HOSPITALIZATION OF FRANK RIPA. AT THE REQUEST OF STATE AND LOCAL AUTHORITIES, EPA RESPONDED TO THE RELEASE THE EVENING OF JUNE 2, 2000. A JUDICIAL SEARCH WARRANT WAS OBTAINED TO ALLOW EPA TO INSPECT AND DETERMINE THE EXTENT OF THE RELEASE AND THE THREAT OF RELEASE AT THE SITE. EPA DETERMINED THAT A RELASE OR THRES OF RELEASE AT THE SITE CONSTITUTED AN IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO THE PUBLIC HELATH OR WELFARE OF THE ENVIRONMENT AND REQUIRED ADDITIONAL ACTION AT THE SITE. AMONG OTHER THINGS, THE INSPECTIONS INDICATED THAT HAZARDOUS SUBSTANCES WERE INCOMPATIBLY STORED, THAT SOME DRUMS AND CONTAINERS WERE IN VARYING STATES OF DISREPAIR, WERE DANGEROUSLY STORED AT THE SITE AND WERE UNLABELED. THE ORDER REQUIRES, AMONG OTHER THINGS, THAT THE RESPONDENTS DISPOSE OF THE RELEASED HAZARDOUS WASTE, ENSURE THE PROPER STORAGE OF ALL MATERIALS ON-SITE, PERFORM A FULL INVENTORY OF THE SITE AND ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE.

Defendants (2)

• MALTER INTERNATIONAL INCNamed in complaintNamed in settlement
• RIPA, FRANKNamed in complaintNamed in settlement

Facilities (1)

• MALTER INTL

  16 GRAVITY ST, PITTSTON TOWNSHIP, PA, 18640

  Registry ID: 110004883225

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MALTER INTERNATIONAL/FRANK RIPAentered 2000-06-09

  Primary law: CERCLA

Timeline (4 milestones)

• 2000-06-09Complaint Filed/Proposed Order
• 2000-06-09Final Order Issued
• 2000-06-09Enforcement Action Closed
• 2000-06-12Enforcement Action Data Entered