EPA v. SEPTA

Case summary

REGION 3 HAS ISSUED AN ADMINISTRATIVE ORDER REQUIRING THE SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA) TO PERFORM CLEANUP WORK WITHIN A SMALL PORTION OF THE R5 LANDSDALE/DOYLESTOWN REGIONAL RAIL LINE IN ORELAND, MONTGOMERY COUNTY, PENNSYLVANIA. THE ORDER, ISSUED UNDER SECTION 106(A) OF CERCLA, REQUIRES SEPTA TO, AMONG OTHER THINGS, EXCAVATE CONTAMINATED SOIL AND SANDBLASTING GRIT THAT HAS LIKELY MIGRATED ONTO THE RIGHT-OF-WAY FORM ADJACENT PROPERTY UPON WHICH THE TANK CAR CORPORATION OF AMERICA (TCCA) REPAIRED AND MAINTAINED RAIL CARS FROM APPROXIMATELY 1921 UNTIL 2001.TCCA'S OPERATIONS RESULTED IN, AMONG OTHER THINGS, THE PRESENCE OF CRESOL COMPOUNDS, TRICHLOROETHENE, AMMONIA, DICHLOROETHANE, BENZENE, VINYL CHLORIDE; AND 2,4-D IN TANK CARS; TRICHLOROETHENE, BENZENE, LEAD PHENOL, NAPHTHALENE, AND NUMEROUS POLYCYCLIC AROMATIC HYDROCARBONS IN SURFACE SOILS; BENZENE STYRENE, XYLENES, BENZO(A)PYRENE, NAPHTHALENE, PHENOL, TCE, AND 2-4D IN SUBSURFACE SOILS; AND THE ACCUMULATION OF SAND BLASTING GRIT CONTAINING LEAD, BENZO(A)PYRENE, NAPHTHALENE, HEXACHLOROBENZENE, AND DDT ON ITS PROPERTY, SOME OF WHICH IS NOW WITHING THE RIGHT-OF-WAY. SINCE 2006, EPA HAS ASSESSED CONTAMINATION AT THE TCCA PROPERLY AND HAS CONDUCTED OR OVERSEEN CLEANUP WORK INCLUDING THE REMOVAL OF LIQUIDS FROM TANKS, DRUMS, CONTAINER, AND BURIED RAIL CARS; THE EXCAVATION OF TANKS AND RAIL CARS; AND THE REMOVAL OF CONTAMINATED SOILS. EPA AND SEPTA WERE UNSUCCESSFUL IN NEGOTIATING A CONSENSUAL AGREEMENT UNDER WHICH EPA AND ITS CONTRACTOR WOULD ENTER SEPTA'S RIGHT-OF-WAY TO ASSESS THE CONTAMINATION, WHICH IS VISIBLE FROM THE TCCA PROPERTY. THE ORDER DOES NOT REQUIRE SEPTA TO PROVIDE ACCESS TO EPA; OVERSIGHT OF THE WORK IS EXPECTED TO BE ACCOMPLISHED FROM THE ADJACENT TCCA PROPERTY WHERE ADDITIONAL CLEANUP ACTIONS WILL BE CONDUCTED BY EPA USING FEDERAL FUNDS.

Defendants (1)

• SEPTANamed in settlement

Facilities (1)

• TANK CAR CORPORATION OF AMERICA

  1725 WALNUT AVENUE, ORELAND, PA, 19075

  Registry ID: 110028260628

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SEPTAentered 2010-06-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2010-06-21Final Order Issued
• 2010-06-24Enforcement Action Data Entered