EPA v. READING COMPANY

Case summary

On April 7, 2010, the United States filed a motion to enter a Consent Decree that will settle the EPA=s past costs claim against Reading Company and Reading Real Estate Company under Section 107(a) of CERCLA. A notice soliciting comments from the public on the proposed Consent Decree was published in the Federal Register on February 22, 2010. No comments were received. The case concerns the Modena Yard Superfund Site in Modena Borough and East Fallowfield Township, Chester County, Pennsylvania. Reading Real Estate Company owned the Site when lead, PCBs, and other hazardous substances were disposed of there. Reading Company arranged for the disposal of hazardous substances at the Site. Under the Consent Decree, the settling defendants will pay the United States to resolve EPA’s past costs claim. Reading Real Estate Company (f/k/a Eastern Real Estate Company) owned the Site from 1910 until 1969. Luria Brothers and Company, Inc. leased the Site from Reading Real Estate and operated a scrap metal facility there from around 1921 until 1984. As part of its operations at the Site, Luria Brothers dismantled thousands of railcars, steam locomotives, and railcar engines, which were sent to the Site by Reading Company and others. As a result of Luria Brothers= operations, PCBs, lead, and other hazardous substances were disposed of at the Site. Current Site owner Connell Limited Partnership has performed a removal action at the Site under an amended administrative consent order. Connell has spent funds on the Site clean-up. With the current settlement, the United States will have recovered 84% of its past costs, including prejudgment interest, and potentially responsible parties will have paid approximately 99% of total Site clean-up costs.

Defendants (2)

• READING COMPANYNamed in complaintNamed in settlement
• READING REAL ESTATE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MODENA YARD

  20 CREEK RD, MODENA, PA, 19358

  Registry ID: 110009308365

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• READING COMPANYentered 2010-04-08

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-09-24Referred To Dept Of Justice
• 2008-09-26Enforcement Action Data Entered
• 2010-01-29Final Order Lodged
• 2010-01-29Complaint Filed With Court
• 2010-04-08Final Order Entered