EPA v. Hamburg Broom Works Site

Case summary

Access warrant for entry to property where record owner claims to not have ownership. Warrant to include authority to place temporary fencing, excavate and/or cover in the event that an extent of contamination study reveals elevated lead levels due to battery casings disposed of at the site. At 3:30pm on Thursday, April 6, 2003, Robert F. Kelly, On-Scene Coordinator, requested that the Office of Regional Counsel take an action to obtain access to a property on Walnut Street in Hamburg Borough, Pennsylvania ( Broom Works Site ). The record owner of the Broom Works Site disclaimed ownership of the property. Visual inspection of the property by EPA revealed extensive battery casing disposal similar to that of several other sites in Hamburg Borough. Samples at similar sites have shown lead levels of over 500,000 ppm. The Broom Works Site is an open lot that children have been using to play. ORC completed a referral to the U.S. Department of Justice and, by 1:00pm on Monday, April 7, 2003, EPA obtained an access warrant signed by Honorable Diane M. Welsh, Federal Magistrate for the Eastern District of Pennsylvania. The State Department of Environmental Protection has been notified of EPA's planned actions. This warrant gives EPA the authority to enter the Broom Works Site and perform sampling to determine the extent of contamination, and, if necessary, perform further response actions to remove the threat of lead contamination. The warrant requires a return within 90 days from issua

Defendants (1)

• Broom Works SiteNamed in complaintNamed in settlement

Facilities (1)

• HAMBURG BROOM WORKS SITE

  WALNUT STREET (TAX ASSESSOR PARCEL # 3771), HAMBURG, PA, 19526

  Registry ID: 110064220757

Statutes cited

• CERCLA 104E1 — Recordkeeping, Inspection, Information Request

Enforcement conclusions (1)

• Hamburg Broom Works Siteentered 2003-04-07

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-04-07Enforcement Action Closed
• 2003-04-07Concluded
• 2003-04-07Referred To Dept Of Justice
• 2003-04-07Final Order Entered
• 2003-04-07Final Order Lodged
• 2003-04-07Complaint Filed With Court
• 2003-04-08Enforcement Action Data Entered