EPA v. AETNA, INC ET AL (BRESLUBE-PENN SITE)

Case summary

THE REGIONAL ADMINISTRATOR SIGNED A FIRST ROUND DE MINIMIS CONSENT DECREE WITH 72 PARTIES, ALONG WITH A LETTER REFERRAL, UNDER WHICH THE AGENCY WILL RECEIVE APPROXIMATELY $890,000 TO RESOLVE THE PARTIES' CERCLA LIABILITY AT THE SITE, LOCATED IN CORAOPOLIS, MOON TOWNSHIP, ALLGHENY COUNTY, PENNSYLVANIA. EPA ESTABLISHED 150,000 GALLONS AS THE ELIGIBILITY CUTOFF FOR PARTICIPATION IN THE PROPOSED DE MINIMIS SETTLEMENTS. THE VOLUME OF 150,000 GALLONS REPRESENTS APPROXIMATELY 0.19% OF THE TOTAL VOLUME OF SITE WASTE, WHICH HAS BEEN ESTIMATED AS EXCEEDING 78 MILLION GALLONS. IN 1997, THE REGION SENT A REFERRAL TO DOJ FOR THE FILING OF A COST RECOVERY ACTION UNDER SECTION 107(A) OF THE CERCLA FOR PAST COSTS INCURRED AND FOR A DECLARATION OF FUTURE LIABILITY FOR THE SITE. AS A RESULT, THE U.S. BROUGHT AN ACTION FOR SUCH RELIEF AGAINST 38 PARTIES IN THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. THAT LITIGATION HAS BEEN SUSPENDED PENDING THE ISSUANCE OF DE MINIMIS SETTLEMENT OFFERS. THROUGH THIS LETTER REFERRAL, THE REGION REQUESTS THAT DOJ FILE, CONCURRENTLY WITH THE CONSENT DECREE, A COMPLAINT UNDER SECTION 107(A) FOR RECOVERY OF PAST AND ESTIMATED FUTURE COSTS FOR THE SITE (TOTALING OVER $23 MILLIOIN) AGAINST THE NON-FEDERAL SETTLING PARTIES. THE REGION REQUESTS THAT DOJ EXECUTE AND LODGE THE CONSENT DECREE IN THE WESTERN DISTRICT OF PA

Defendants (79)

• GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY (R.T.Named in complaintNamed in settlement
• GUTTMAN OIL CONamed in complaintNamed in settlement
• SCALISE BROS, INC (A/K/A SCALISE BROTHERS)Named in complaintNamed in settlement
• SKF USA, INC (A/K/A SKF INDUSTRIES)Named in complaintNamed in settlement
• SPRINGFIELD TOYOTANamed in complaintNamed in settlement
• TATE DODGENamed in complaintNamed in settlement
• GOODYEAR TIRE & RUBBER CO (A/K/A GOODYEAR TIRE SERNamed in complaintNamed in settlement
• HALL CORP (F/K/A STACKPOLE CO)Named in complaintNamed in settlement
• MAY DEPARTMENT STORES CO (D/B/A HECHT CO)Named in complaintNamed in settlement
• THOMAS STEEL CO (F/K/A THOMAS STEEL STRIP CO)Named in complaintNamed in settlement
• TIMONIUM CHRYSLER PLYMOUTHNamed in complaintNamed in settlement
• UNION ELECTRIC STEEL CORPNamed in complaintNamed in settlement
• UNITED IRON & STEEL (A/K/A UNION IRON & METAL)Named in complaintNamed in settlement
• VERIZON MARYLAND INCNamed in complaintNamed in settlement
• VOLKSWAGEN OF AMERICA INCNamed in complaintNamed in settlement
• WEBER VOLVO CO (FOR WEBER WHITE TRUCK)Named in complaintNamed in settlement
• WESTERN AUTO a/k/a WESTERN AUTO SUPPLY CONamed in complaintNamed in settlement
• WILLAM CHEVROLET, INCNamed in complaint
• YOUNGSTOWN BUICKNamed in complaintNamed in settlement
• AIR FORCE, U.S.
• ARMY, U.S.
• GODDARD SPACE FLIGHT CENTER, U.S.
• VERIZON VIRGINIA, INC fka C & P TELEPHONE COMPANYNamed in complaintNamed in settlement
• AETNA, INCNamed in complaintNamed in settlement
• AL PACKER FORD, INCNamed in complaintNamed in settlement
• …and 54 more

Facilities (1)

• BRESLUBE-PENN SITE

  84 MONTOUR RD, CORAOPOLIS, PA, 15108

  Registry ID: 110004846999

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AETNA, INC ET AL (BRESLUBE-PENN SITE)entered 2005-09-15

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-09-29Referred To Dept Of Justice
• 2004-09-30Enforcement Action Data Entered
• 2005-01-06Complaint Filed With Court
• 2005-08-19Final Order Lodged
• 2005-09-15Final Order Entered