EPA v. EXIDE TECHNOLOGIES, INC, IN RE (NC)(SHOEMAKER, LAUDERDALE, HAMBURG, PA)

Case summary

ON JUNE 10, 2013, EXIDE TECHNOLOGIES ( EXIDE) FILED FOR CHAPTER 11 REORGANIZATION IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN A MATTER CAPTIONED, IN RE EXIDE TECHNOLOGIES, NO. 13-11482 (KJC). THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III ( EPA ) HAS IDENTIFIED 2 SITES THAT ARE BEING ADDRESSEED PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C. SECTION 9601, ET SEQ. ( CERCLA ) AT WHICH IT MAY HAVE A CLAIM IN CONNECTION WITH EXIDE. THESE SITES ARE: BROWN'S BATTERY SUPERFUND SITE, TILDEN TOWNSHIP, BERKS COUNTY, PENNSYLVANIA AND THE PRICE BATTERY SUPERFUND SITE, HAMBURG BOROUGH, BERKS COUNTY, PENNSYLVANIA. THESE SITES ALL INVOLVE THE CLEANUP OF LEAD CONTAMINATION CAUSED BY EXIDE'S HISTORICAL OPERATIONS. IN ADDITION, EXIDE IS THE OWNER OF THE LAUREDALE FACILITY LOCATED IN LAURELDALE BOROUGH, BERKS COUNTY, PENNSYLVANIA. THE FACILITY IS THE SUBJECT OF AN ORDER ISSUED PURSUANT TO SECTION 7003 OF THE SOLID WASTE DISPOSAL ACT, COMMONLY REFERRED TO AS THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984, 42 U.S.C. SECTION 6973, (COLLECIVELY REFERRED TO AS RCRA ).

Defendants (1)

• EXIDE TECHNOLOGIESNamed in complaint

Facilities (4)

• PRICE BATTERY SITE

  251 GRAND ST, HAMBURG, PA, 19526

  Registry ID: 110013798319

• LAURELDALE

  NOLAN ST AND SPRING VALLEY RD, LAURELDALE, PA, 19605

  Registry ID: 110000585028

• LAURELDALE

  NOLAN ST AND SPRING VALLEY RD, LAURELDALE, PA, 19605

  Registry ID: 110000585028

• BROWN'S BATTERY BREAKING

  FISHER LANE RD, SHOEMAKERSVILLE, PA, 19555

  Registry ID: 110009307963

Statutes cited

• CERCLA 107A — Cost Recovery
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 122A — Agreement to Perform Work Under 104B

Timeline (3 milestones)

• 2013-12-05Referred To Dept Of Justice
• 2013-12-06Complaint Filed With Court
• 2013-12-18Enforcement Action Data Entered