EPA v. FISCHER & PORTER

Case summary

A PROSPECTIVE PURCHASER AGREEMENT ( PPA ) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 198, AS AMENDED, ( CERCLA ), 42 U.S.C. SECTION 9607-9676 WITH BLUE MARLIN ASSOCIATES ( BLUE MARLIN ) REGARDING BLUE MARLIN'S PURCHASE OF A PORTION OF THE FISCHER & PORTER SUPERFUND SITE IN WARMINISTER TOWNSHIP, BUCKS COUNTY, PENNSYLVANIA, ( THE SITE ) FROM COROAD ASSOCIATES II, L.P. ( CONROAD II ) WAS SIGNED BY EPA ON SEPTEMBER 29, 2000, AND APPROVED BY THE DEPARTMENT OF JUSTICE ON NOVEMBER 22, 2000, PROVIDING THE PUBLIC WITH THIRTY DAYS TO REVIEW AND COMMENT ON THE PPA. THE PPA PROVIDES BLUE MARLIN WITH A COVENANT NOT TO SUE, CONTRIBUTION PROTECTION AND A WAIVER OF THE UNITED STATES' LIEN HELD ON THE PROPERTY PURSUANT TO CERCLA. IN RETURN FOR THE COVENANT, BLUE MARLIN PAID TO EPA THE SUM OF $15,000, WILL PROVIDE ACCESS TO THE SITE, AND OTHERWISE COMPLY WITH REQUIREMENTS SET FORTH IN THE PPA. THE SITE WAS FIRST IDENTIFIED IN 1979 WHEN HIGH LEVELS OF TWO ORGANIC SOLVENTS, TRICHLOROETHENE ( TCE ) AND PERCHLOROETHENE ( PCE ) WERE DISCOVERED IN THE INDUSTRIAL WATER SUPPLY WELLS AT THE FISCHER & PORTER FACILITY AND IN MUNICIPAL WATER SUPPLY WELLS OPERATED BY THE HATBORO BOROUGH WATER AUTHORITY AND THE WARMINISTER HEIGHTS HOME OWNERSHIPS ASSOCIATION. THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST ( NPL ) IN SEPTEMBER 1983. EPA COMPLETED A RECORD OF DECISION ( ROD ) IN 1984 AND ENTERED INTO A CONSENT DECREE WITH FISCHER & PORTER COMPANY IN 1984, REQUIRING FISCHER & PORTER TO PUMP AND TREAT CONTAMINATED GROUNDWATER AND PAY CERTAIN SUMS TO THE OPERATORS OF THE AFFECTED MUNICIPAL WATER SUPPLY WELLS. SUBSEQUENTLY, WHILE CONDUCTING A FIVE-YEAR REVIEW, EPA DETERMINED THAT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY ( RI/FS ) WAS NECESSARY. THE RI AND RISK ASSESSMENT FO RTHE SITE DEMONSTRATED THAT, ALTHOUGH THERE WAS CONTAMINATION IN SITE SOILS AND GROUNDWATER, THERE WERE NO UNACCEPTABLE RISK TO HUMAN HEALTH OR THE ENVIRONMENT, AND THE EXISTING PUMP AND TREAT REMEDY, WHICH IS STILL BEING OPERATED BY THE ABB COMPANY (THE SUCCESSOR TO FISCHER & PORTER) IS SUFFICIENT. THE RI/FS AND SUBSEQUENT NO ACTION ROD WERE COMPLETED IN 1998. FISCHER & PORTER SOLD ITS APPROXIMATELY 35 ACRE FACILITY TO COROAD ASSOCIATES, L.P. ( COROAD ) IN DECEMBER 1997. IN AUGUST 1998, COROAD SOLD A PORTION OF THE FACILITY PROPERTY CONSISITING OF A TRACK OF 11.395 ACRES OF UNDEVELOPED LAND TO CORROAD II. BLUE MARLIN, AFTER ENTERING INTO THE PPA WITH EPA, ACQUIRED 8.4 ACRES OF THE 11.395 UNDEVELOPED ACRES OWNED BY CONRAD II.

Defendants (1)

• BLUE MARLIN ASSOCIATIONNamed in complaintNamed in settlement

Facilities (1)

• ABB AUTOMATION INC

  125 E COUNTY LINE RD, WARMINSTER, PA, 18974

  Registry ID: 110004833280

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• BLUE MARLIN ASSOCIATIONentered 2000-12-22

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-06-14Enforcement Action Data Entered
• 2000-12-22Complaint Filed/Proposed Order
• 2000-12-22Final Order Issued