EPA v. Franklin Smelting Site

Case summary

THE REGION HAS APPROVED A PROSPECTIVE PURCHASE AGREEMENT (PPA) WITH PIDC LOCAL DEVELOPMENT CORPORATION (PIDCLDC) IN CONNECTION WITH THE FRANKLIN SMELTING SITE. THE PROPOSED PPA, WHEN COMBINED WITH A PROPOSED JUDICIAL SETTLEMENT WITH PIDC FINANCING CORPORATION (PIDCFC) AND THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY (PIDA), WILL FACILITATE REUSE OF THE SITE. THE SITE ON SEVERAL PARCELS STRADDLING CASTOR AVENUE IN PHILADELPHIA. BETWEEN APPROXIMATELY 1935 A AND 1998, THE FRANKLIN SMELTING AND REFINING CORPORATION OPERATED A COPPER SMELTING FACILITY ON THE 10-ACRE PROPERTY. DURING THE COURSE OF OPERATIONS, THE SITE BECAME CONTAMINATED WITH, AMONTH OTHER THINGS, COPPER, LEAD, ARSENIC, CADMIUM, AND OTHER HEAVY METALS. THE FACILITY CEASED OPERATIONS IN 1998 AMIDST MOUNTING LEGAL AND FINANCIAL DIFFICULTIES. BETWEEN APPROXIMATELY FEBRUARY 1998 AND FEBRUARY 2000, EPA CONDUCTED A CERCLA REMOVAL RESPONSE ACTION AT THE SITE WHICH INCLUDED, AMONG OTHER ACTIVITIES SHIPMENT OF COPPER-BEARING FEEDSTOCK MATERIALS, DRUMMED FLUE DUSTS, CIRCUIT SCRAP, AND METALLURGIC MATERIALS OFF-SITE FOR RECYCLING; EVACATION AND OFF-SITE DISPOSAL OF CONTAMINATED SOILS; TRANSPORTATION AND OFF-SITE DISPOSAL OF BAGGED ZINC-OXIDE AND CONTAMINATED WOOD AND DEBRIS; TRANSPORTATION AND DISPOSAL OF PCB-CONTAINING OILS AND TRANSFORMER CARCASSES; AND SURFICIAL DECONTAMINATION OF BUILDINGS AND EQUIPMENT BY VACUUMING DUSTS AND PRESSURE WASHING. CLEANUP COSTS EXCEEDED $13 MILLION. PIDCLDC AND PIDA HOLD MORTGAGES WITH RESPECT TO SEVERAL OF THE PARCELS; PIDCFC ACTUALLY OWNS ONE PARCEL. A METAL RECYCLING COMPANY INTENDS TO OPERATE AT THIS LOCATION. THE PROPOSED PPA HAS BEEN FORWARDED TO THE DEPARTMENT OF JUSTICE FOR APPROVAL. PPA TO RECOVERY $90,000 IN PAST COSTS INCURRED AT THE SITE.

Defendants (1)

• PHILADELPIA INDUSTRIAL DRIVE CORPNamed in complaintNamed in settlement

Facilities (2)

• FRANKLIN SLAG PILE (MDC)

  3701 CARBON ST (NW CORNER OF CASTER & DELAWARE AVE, PHILADELPHIA, PA, 19134

  Registry ID: 110009322214

• FRANKLIN SLAG PILE (MDC)

  3701 CARBON ST (NW CORNER OF CASTER & DELAWARE AVE, PHILADELPHIA, PA, 19134

  Registry ID: 110009322214

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Philadelphia Industrial Drive Corpentered 2002-09-17

  Primary law: CERCLA

Timeline (3 milestones)

• 2001-05-01Enforcement Action Data Entered
• 2002-01-01Complaint Filed/Proposed Order
• 2002-09-17Final Order Issued