EPA v. VIACOM, INC, ET. AL.

Case summary

On September 29, 2004, EPA requested that DOJ initiate a civil action under Sections 107 and 113 of CERCLA and the Declaratory Judgment Act, 28 U.S.C. ?? 2201 in the United States District Court in the Western District of Virginia for recovery of costs incurred in connection with the Westinghouse Electric (Sharon) Superfund Site (???Site???). EPA???s response costs at the Site total approximately $1,822,511.17. The Site is located in the City of Sharon, Mercer County, Pennsylvania in a predominantly industrial area. The major portion of the Site is property which formerly comprised the Westinghouse Electric Company (???Westinghouse???) Sharon Transformer Plant. Westinghouse???s former manufacturing activities at the Site caused Site soils, ground water, the storm sewer drainageways leading from the Sharon Plant to the Shenango River, and sediments and riparian soils of the Shenango River to become contaminated with polychlorinated biphenyls (???PCBs???); lead; 1,2,4-Trichlorobenzene and other hazardous substances. Viacom, Inc., corporate successor-in-interest to Westinghouse, has conducted the majority of response activities at the Site and continues to do so under two Unilateral Administrative Orders requiring the responsible parties to implement the two Records of Decision for the Site. The Recommended Defendants are Viacom Inc., Winner Development Company, Inc., Winner Development LLC, and AK Steel Corporation, each of whom are current owners of portions of the Site property.

Defendants (5)

• VIACOM, INCNamed in complaint
• AK STEELNamed in complaintNamed in settlement
• WINNER DEVELOPMENT LLCNamed in complaintNamed in settlement
• WINNER DEVELOPMENT COMPANY, INCNamed in complaintNamed in settlement
• CBS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• WESTINGHOUSE ELECTRIC (SHARON) SUPERFUND SITE

  369 SHARPSVILLE AVE, SHARON, PA, 16148

  Registry ID: 110014419432

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VIACOM, INC, ET. AL.entered 2006-08-28

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-09-30Referred To Dept Of Justice
• 2004-10-04Enforcement Action Data Entered
• 2006-06-29Complaint Filed With Court
• 2006-06-30Final Order Lodged
• 2006-08-28Final Order Entered