EPA v. LOWER DARBY CREEK, OU1 CLEARVIEW LANDFILL

Case summary

On August 5, 2019, the United States District Court for the Eastern District of Pennsylvania entered, without modification, a Consent Decree in connection with the Lower Darby Creek Area Superfund Site (Site) Operable Unit 1 (OU1). The Consent Decree resolves the liability of both the City of Philadelphia (the City), and the Philadelphia Redevelopment Authority (PRA) for the recovery of response costs incurred and to be incurred at the Lower Darby Creek Area Superfund Site (Site) Operable Unit 1 (OU1). The Consent Decree requires the Settling Defendants to pay $8.4 million to the United States in satisfaction of its liability for all past and future response costs incurred in connection with OU1. The Clearview Landfill operated from approximately the 1950s through mid-1970s. Wastes accepted at the landfill included municipal, demolition and hospital wastes. Waste disposal practices contaminated the soil, groundwater and fish tissue with hazardous chemicals. The $8.4 million settlement includes past costs (the remedial investigation and feasibility study, design work, cleanup actions to address contaminated residential properties and PCB contamination at the landfill) and future costs (capping the landfill, reinforcing the streambanks as well as leachate collection and treatment).

Defendants (1)

• LOWER DARBY CREEK AREA SUPERFUNDNamed in complaintNamed in settlement

Facilities (2)

• LOWER DARBY CREEK AREA

  DARBY CRK BETWEEN, DARBY TWP, PA, 19023

  Registry ID: 110009322170

• LOWER DARBY CREEK AREA SITE (CLEARVIEW LANDFILL OPERABLE UNIT)

  84TH & INDUSTRIAL BLVD, DARBY TWP, PA, 19153

  Registry ID: 110009322170

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LOWER DARBY CREEK, OU1 CLEARVIEW LANDFILLentered 2019-08-05

  Primary law: CERCLA

Timeline (6 milestones)

• 2013-07-19PRN Sent
• 2013-10-23Enforcement Action Data Entered
• 2019-04-22Referred To Dept Of Justice
• 2019-06-05Final Order Lodged
• 2019-06-05Complaint Filed With Court
• 2019-08-05Final Order Entered