EPA v. TRANGUCH, MICHAEL ESTATE OF (TRANGUCH GASOLINE SPILL SITE)

Case summary

ON AUGUST 7, 2014, THE UNITED STATES, ON BEHALF OF EPA AND THE COST GUARD, FILED A COMPLAINT SIMULTAENOUSLY LODGED A CONSENT DECREE ( CD ) ENTERED INTO WITH THE ESTATE OF MICHAEL C. TRANGUCH ( ESTATE ), OWNER OF THE SOURCE PROPERTY AT THE TRANGUCH GASOLINE SPILL SITE ( SITE ), IN HAZLETON, PENNSYLVANIA. THIS CD WILL SETTLE THE COAST GUARD'S CLAIM FOR COST RECOVERY AGAINST THE ESTATE, ON AN ABILITY-TO-PAY BASIS. THE CD WILL ASO REQUIRE THE ESTATE TO PROVIDE EPA WITH CONTINUED ACCESS, AND FILE AN ENVIRONMENTAL COVENANT WITH THE RECORDER OF DEEDS FOR LUZERNE COUNTY. OVER TIME UNDERGROUND STORAGE TANKS LOCATED AT SEVERAL GASOLINE SERVICE STATIONS IN THE AREA DEVELOPED LEAKS AT THE SITE. THESE HISTORIC LEAKS RESULTED IN A PLUME OF GROUNDWATER CONTAMINATION THAT DISCHARGED TO BLACK CREEK AND CAUSED VAPORS IN RESIDENCES. IN 1996, PADEP REQUESTED ASSISTANCE FROM EPA, REGION III. SINCE THAT TIME, EPA HAS BEEN WORKING WITH PADEP TO ADDRESS THESE THREATS THROUGH A SERIES OF MITIGATION MEASURES, INCLDUING INSTALLATION AND OPERATION OF GROUNDWATER TREATMENT AND SOIL VAPOR EXTRACTION SYSTEMS, RELINING AND REBUILDING PORTIONS OF THE TOWN'S SEWER SYSTEM, TESTING OF INDOOR AIR IN APPROXIMATELY 300 HOMES, AND INSTALLATION OF SEWER VENT TRAPS AND CARBON FILTERS AT MANY OF THESE HOMES. EPA HAS SPENT MORE THAN $26 MILLION PROVIDED BY THE COAST GUARD'S OIL SPILL LIABILITY TRUST FUND. IN 2012, EPA, REGION IIII SENT A REFERRAL FOR CIVIL LITIGATION TO DOJ, REQUESTING THAT THE DEPARTMENT OF JUSTICE ( DOJ ) SEEK INJUNCTIVE RELIEF, UNDER CWA SECTIONS 308(a) AND 311(c), TO PRESERVE THE INTEGRITY OF THE CLEANUP EQUIPMENT INSTALLED AT THE SITE, AND TO ENSURE EPA'S CONTINUED ACCESS, BY REQUIRING THE ESTATE TO FILE AN ENVIRONMENTAL COVENANT, PURSUANT TO PENNSYLVANIA'S ADOPTION OF THE UNIFORM ENVIRONMENTAL COVENANTS ACT ( UECA ). EPA'S REFERRALS WAS A COMPANION TO THE COST RECOVERY REFERRAL SENT BY THE COAST GUARD TO DOJ IN 2012. THE CD WILL SETTLE THE CLAIMS OF EPA AND THE COAST GUARD. UNDER THE TERMS OF THE CD, THE COAST GUARD'S OIL SPILL LIABILITY TRUST FUND WILL RECEIVE ALL OF THE PROCEEDS OF THE SALE OF THE REAL PROPERTY OWNED BY THE ESTATE, MINUS CERTAIN SPECIFIC ADMINISTRATIVE COSTS THE AMOUNT OF WHICH THE COST GUARD AND DOJ ARE ALLOWING THE ESTATE AND ITS ADMINISTRATOR TO RETAIN IN REIMBURSEMENT. THE ESTATE WILL ALSO FILE A PENNSYLVANIA UECA-COMPLAINT ENVIRONMENTAL COVENANT WITH THE RECORDER OF DEEDS.

Defendants (3)

• TRANGUCH, MICHAEL C. EXECUTOR OF THENamed in complaintNamed in settlement
• TRANGUCH, BENITONamed in complaintNamed in settlement
• TRANGUCH, MICHAEL C. ESTATE OFNamed in complaintNamed in settlement

Facilities (1)

• TRANGUCH GASOLINE SPILL SITE

  1001 AND 1017-1019 N CHURCH ST, HAZELTON, PA, 18201

  Registry ID: 110015764957

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• TRANGUCH, MICHAEL ESTATE OF (TRANGUCH GASOLINE SPILL SITE)entered 2014-09-22

  Primary law: CWA

Timeline (7 milestones)

• 2012-09-10Referred To Dept Of Justice
• 2012-09-17Enforcement Action Data Entered
• 2014-08-07Complaint Filed With Court
• 2014-08-07Final Order Lodged
• 2014-09-22Final Order Entered
• 2014-09-22Concluded
• 2014-09-22Enforcement Action Closed