EPA v. PIDC FINANCING CORPORATION, ET AL

Case summary

THE REGION HAS REFERRED CERCLA CLAIMS AND A PROPOSED SETTLEMENT AGAINST PIDC FINANCING CORPORATION (PIDCF) AND THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY (PIDA) IN CONNECTION WITH THE FRANKLIN SMELTING SITE. THE SETTLEMENT, WHEN COMBINED WITH A PROPOSED PROSPECTIVE PURCHASER AGREEMENT WITH PIDC LOCAL DEVELOPMENT CORPORATION (PIDCLDC), WILL FACILITATE REUSE OF THE SITE. THE SITE SITS ON SEVERAL PARCELS STRADDLING CASTOR AVENUE IN PHILADELPHIA. BETWEEN APPROXIMATELY 1935 AND 1998, THE FRANKLING SMELTING AND REFINING CORPORATION OPERATED A COPPER SMELTING FACILITY ON THE 10-ACRE PROPERTY. DURING THE COURSE OF OPERATIONS, THE SITE BECAME CONTAMINATED WITH, AMONG 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; EXCAVATION AND OFF-SITE DISPOSAL OF CONTAMINATED SOILS; 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. THE PROPOSED SETTLEMENT PROVIDES COVENANT PROTECTION OF PIDCFC AND PIDA FOR THE NOMINAL SUM OF $5,000. A METAL RECYCLING COMPANY INTENDS TO OPERATE AT THIS LOCATION.

Defendants (2)

• PA INDUSTRIAL DEVELOPMENT AUTHORITYNamed in complaintNamed in settlement
• PIDC FINANCING CORPORATIONNamed 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 107A — Cost Recovery

Enforcement conclusions (1)

• PIDC Financing Corporation & PA Industrial Devel..entered 2002-10-11

  Primary law: CERCLA

Timeline (5 milestones)

• 2002-01-04Referred To Dept Of Justice
• 2002-01-09Enforcement Action Data Entered
• 2002-06-24Complaint Filed With Court
• 2002-09-10Final Order Lodged
• 2002-10-11Final Order Entered