EPA v. INTERMET CORPORATION, IN RE (GREDE-RADFORD, REMACOR & INTERMET FACILITIES)

Case summary

THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III (EPA) HAD IDENTIFIED A CERCLA SITE AT WHICH IT MAY HAVE A CLAIM IN CONNECTION WITH INTERMET. THIS CLAIM INVOLVES A SITE AT WHICH INTERMET SENT OILY MAGNEISUM SCRAPS AND TURNINGS, THE REMACOR SITE, LOCATED IN WEST PITTSBURGH, LAWRENCE COUNTY, PENNSYLVANIA. EPA SEEKS OT RECOVER RESPONSE COSTS FROM INTERMET THAT EPA HAS INCURRED AND WILL INCUR IN CONNECTION WITH THE RESPONSE ACTION EPA HAS AND WILL UNDERTAKE TO RESPOND TO THE RELEASE AND/OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES, INCLUDING MAGNESIUM, AT THE REMACOR SITE. IN ADDITION, AMONG THE DEBTORS LISTED IN THE FILING IS LYNCHBURG FOUNDRY, LLC, WHICH IS A SUBSIDIARY OF INTERMET AND THE DEBTOR-IN POSSESSION OF THE ARCHER CREEK FOUNDRY ( ACF ) LOCATED AT 1132 MT. ATHOS ROAD IN LYCHBURG, CAMPBELL COUNTY, VA. LYNCHBURG FOUNDRY, LLC IS ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE. EPA HAS IDENTIFIED A CLAIM FOR A CIVIL MONETARY PENALTY FOR ALLEGED VIOLATIONS AT THE ACF OF THE POLYCHLORINATED BIPHENYLS (PCBS) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS (HEREINAFTER, THE PCB REGULATIONS ), 40 C.F.R. PART 761, PROMULGATED PURSUANT TO SECTION 6(E) OF THE TOXIC SUBSTANCES CONROL ACT ( TSCA ), 15 U.S.C. SECTION 2605(e). FINALLY, EPA HAS IDENTIFIED TWO RCRA FACILITIES AT WHICH IT MAY HAVE A CLAIM IN CONNECTION WITH INTERMET. THIS CLAIM INVOLVES TWO FACILITIES AT WHICH INTERMET IS A PARTY TO A CONSENT ORDER ISSUED PURSUANT TO SECTION 3013 OF THE SOLID WASTE DISPOSAL ACT COMMONLY REFRERRED TO AS THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (COLLECTIVELY REFERRED TO AS RCRA ), THE INTERMET RADFORD FOUNDRY AND THE NEW RIVERS CASTINGS FACILITY, BOTH LOCATED IN RADFORD, VIRGINIA (COLLECTIVELY, THE RADFORD FACILITIES ). EPA SEEKS TO ENSURE THAT INTERMET FULFILLS ITS OBLIGATIONS UNDER THAT CONSENT ORDER TO STUDY AND IMPLEMENT CORRECTIVE ACTIONS AS THE RADFORD FACILITIES.

Defendants (1)

• INTERMET CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• INTERMET CORP RADFORD

  1605 TO 1701 FIRST ST, RADFORD, VA, 24141

  Registry ID: 110064119939

• REMACOR

  ROUTE 168, PITTSBURGH, PA, 16160

  Registry ID: 110038390443

• NEW RIVER CASTINGS CO

  1701 FIRST ST, RADFORD, VA, 24141-1221

  Registry ID: 110064123121

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing
• TSCA 6-PCBS — PCBS
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• INTERMET CORPORATION, IN RE (GREDE-RADFORD, REMACOR & INTERMET FACILITIES)entered 2011-10-26

  Primary law: CERCLA

  Federal penalty: $23,213

Timeline (6 milestones)

• 2009-01-22Referred To Dept Of Justice
• 2009-02-06Complaint Filed With Court
• 2009-03-11Enforcement Action Data Entered
• 2011-10-25Final Order Lodged
• 2011-10-26Concluded
• 2011-10-26Final Order Entered