EPA v. Franklin Smelting & Refining Corp, et al

Case summary

EPA Region III hereby requests that the Department assist the Agency in securing tolling agreements with seven individuals who were partners in one or more partnerships trading as Franklin Smelting and Refining Co. and/or Franklin Smelting and Refining Company , and who operated the Franklin Smelting Site between February 1, 1967 and February 1, 1983. We also request that a tolling agreement be secured from the Schwab Family Partnership, which we believe to be the same partnership entity that traded as the Franklin Smelting entities during this time frame. Hazardous substances were disposed of at the Site during this time frame. As described below, these hazardous substances, together with hazardous substances disposed of subsequent to this time frame, caused releases and threatened releases into the environment. EPA has expended in excess of $18 million at the Site in investigating and responding to such releases. The Region recommends that the Department reach tolling agreements with the following parties: Schwab Family Partnership, Ann Greenberg, Betty Saltzburg, David Saltzburg, Michael Saltzburg, Roger Schwab, Susan Saltzburg, and Albert Schwab. On February 14, 2003, Region III sent a direct referral to the Department of Justice (???DOJ???) in connection with the Franklin Smelting Site (???Site???) in Philadelphia, PA. The Region asked DOJ to file a Complaint under CERCLA Sections 107 and 113(g)(2) against ten potentially responsible parties (???PRPs???), including Franklin Smelting Corp., the operator of a metals smelting facility at the Site from 1983 until 1997; Francos Realty, Inc., the current owner of the Site; the Schwab Family Partnership, and seven individual partners of the Schwab Family Partnership, who operated the metals smelting facility at the Site. EPA conducted a removal action at the Site during which more than 20,000 tons of lead, arsenic, cadmium contaminated soils and other materials were removed for off-Site disposal. The primary threat posed by the Site was extremely high levels of lead present in zinc oxide dust, feedstock and debris piles, deteriorated drums, and contaminated soils on-Site. Elevated levels of arsenic, cadmium, and other heavy metals were also present at the Site. EPA has spent more than $18.8 million at the Site, which is approximately one-tenth of a mile from residential area

Defendants (10)

• Greenberg, Ann
• Saltzburg, Betty,Executrix Estate David SaltzburgNamed in complaint
• Saltzburg, MichaelNamed in complaint
• Saltzburg, Susan
• Franklin Smelting & Refining CorpNamed in complaint
• Francos Realty, IncNamed in complaint
• Schwab Family PartnershipNamed in complaint
• Schwab, Roger
• Schwab, AlbertNamed in complaint
• Saltzburg, David

Facilities (2)

• FRANKLIN SMELTING & REF CORP

  3100 CASTOR AVENUE, PHILADELPHIA, PA, 191343850

  Registry ID: 110009322214

• FRANKLIN SMELTING & REF CORP

  3100 CASTOR AVENUE, PHILADELPHIA, PA, 191343850

  Registry ID: 110009322214

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (5 milestones)

• 2003-01-21PRN Sent
• 2003-02-06Enforcement Action Data Entered
• 2003-02-13Referred To Dept Of Justice
• 2010-01-29Complaint Filed With Court
• 2011-08-30Enforcement Action Closed