EPA v. BUCKEYE LEASING, INC. ET. AL. SHARON STEEL CORP FARRELL WORKS DISPOSAL AREA - CITY SLAG QUARRY FAC

Case summary

ON AUGUST 18, 2016, ACTING DIVISION DIRECTOR DOMINIQUE LUECKENHOFF ISSUED AN ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT UNDER SECTIONS 106(a) AND 122(a) OF CERCLA OF THREE PRPs - BUCKEYE LEASING INC., CITY SLAG LLC, AND FARRELL SLAG, INC. - FOR PERFORMANCE OF A REMOVAL ACTION AT OPERABLE UNIT ONE OF THE SHARON STEEL CORPORATION (FARRELL WORKS DISPOSAL AREA) SUPERFUND SITE, WHICH IS LOCATED IN THE CITY OF HERMITAGE, MERCER COUNTY, PA. THE FORMER SHARON STEEL CORPORATION OPERATED THE SITE AS A DISPOSAL AREA FOR SLAG AND OTHER WASTE GENERATED DURING NINE DECADES OF STEEL MANUFACTURING AT THE COMPANY'S NEARBY FARRELL WORKS FACILITY. THE SITE WAS PLACED ON THE NPL IN 1998 TO ADDRESS ELEVATED LEVELS OF METALS AND ORGANIC COMPOUNDS IN GROUNDWATER, SOILS, SEDIMENTS, AND SURFACE WATER T THE SITE. IN 2000, RESPONDENT FARRELL SLAG PURCHASED 200 ACRES OF THE SITE FOR THE EXPRESS PURPOSE OF MINING AND MARKETING SLAG. IN 2002, DURING THE SECOND PHASE OF EPA'S REMEDIAL INVESTIGATION, THE AGENCY DISCOVERED THAT AREAS OF THE SITE OWNED BY FARRELL SLAG WERE CONTAMINATED BY PCBs. SINCE 2003, RESPONDENTS HAVE BEEN MINING AND MARKETING SLAG IN ACCORDANCE WITH AN EPA-APPROVED SAMPLING AND ANALYSIS PLAN. UNDER THIS PLAN, RESPONDENTS ARE PROHIBITED FROM MARKETING, FOR ANY USE, SLAG WITH PCB CONCENTRATIONS GREATER THAN 2 PPM, OR, FOR RESIDENTIAL USE, SLAG WITH PCB CONCENTRATIONS GREATER THAN 1 PPM. UNDER THE ADMINISTRATIVE SETTLEMENT AGREEMENT, THE RESPONDENTS WILL CONDUCT A REMOVAL ACTION DISPOSING OF PCB-CONTAMINATED SLAG AN SOILS ON SITE IN ACCORDANCE WITH THE TSCA PCB REGULATIONS FOUND AT 40 C.F.R. SECTION 761.61(c).

Defendants (3)

• FARRELL SLAG, INCNamed in settlement
• CITY SLAG LLCNamed in settlement
• BUCKEYE LEASING INCNamed in settlement

Facilities (2)

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

  300 OHIO STREET, HERMITAGE, PA, 16159

  Registry ID: 110025329829

• SHARON STEEL CORP (FARRELL WORKS DISPOSAL AREA)

  300 OHIO STREET, HERMITAGE, PA, 16159

  Registry ID: 110025329829

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BUCKEYE LEASING, INC. ET. AL. SHARON STEEL CORP FARRELL WORKS DISPOSAL AREA - CITY SLAG QUARRY FACentered 2016-08-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2016-08-18Final Order Issued
• 2016-09-19Enforcement Action Data Entered