EPA v. DUNBAR ASPHALT PRODUCTS, INC (SHARON STEEL CORPORATION (FARRELL WORKS DISPOSAL AREA))

Case summary

(Civil Action No. 2:15-cv-01155-RCM). On September 3, 2015, the U.S. Department of Justice (DOJ) filed a Complaint under CERCLA against Dunbar Asphalt Products, Inc., an owner of Operable Unit Two (OU-2) of the Sharon Steel (Farrell Works Disposal Area) Superfund Site in Mercer County, Pennsylvania. On September 4, 2015, DOJ lodged a Consent Decree, which, when entered, would resolve the United States? potential CERCLA claims against Dunbar Asphalt. The Consent Decree will now be made available for public comment for a period of at least 30 days. EPA referred this matter to DOJ on August 28, 2015. OU-2 is an approximately 30-acre portion of the entire 325-acre Site, which was once operated as a disposal area by Sharon Steel Corporation for waste generated by its steel-making operations at its nearby Farrell, PA steel plant. Dunbar currently owns approximately 25 acres of OU-2. EPA issued an interim Record of Decision for OU-2 in December 2013 and an Explanation of Significant Differences on June 23, 2015. Under the settlement, Dunbar will perform the interim remedial action at OU-2. The interim cleanup requires all areas of exposed slag at OU-2 to be covered to prevent releases of heavy metals and PAHs from OU-2. The Human Health Risk Assessment for OU-2 determined that airborne contamination there posed an unacceptable non-cancer risk to workers. Dunbar currently operates an asphalt plant at OU-2. Another owner of real property at OU-2 operates a small trucking company. In exchange for Dunbar?s agreement to clean up all of OU-2, including the four-acre portion it does not own, the United States will compromise its claim against Dunbar for Past Response Costs related to OU-2 (approximately $662,000). Dunbar will also pay 90% of the government?s Future Response Costs for OU-2. Primary

Defendants (1)

• DUNBAR ASPHALT PRODUCTS, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• SHARON STEEL CORP (FARRELL WORKS DISPOSAL AREA)

  300 OHIO STREET, HERMITAGE, PA, 16159

  Registry ID: 110025329829

• SHARON STEEL CORP (FARRELL WORKS DISPOSAL AREA) - CITY SLAG QUARRY FACILITY

  300 OHIO STREET, HERMITAGE, PA, 16159

  Registry ID: 110025329829

Statutes cited

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

Enforcement conclusions (1)

• DUNBAR ASPHALT PRODUCTS, INC (SHARON STEEL CORPORATION (FARRELL WORKS DISPOSAL AREA))entered 2015-11-03

  Primary law: CERCLA

Timeline (6 milestones)

• 2014-06-27PRN Sent
• 2014-07-01Enforcement Action Data Entered
• 2015-08-31Referred To Dept Of Justice
• 2015-09-04Final Order Lodged
• 2015-09-04Complaint Filed With Court
• 2015-11-03Final Order Entered