EPA v. BALTIMORE GAS & ELECTRIC COMPANY, ET. AL. (METAL BANK OF AMERICA, INC)

Case summary

ON JULY 20, 2016, ACTING DIVISION DIRECTOR DOMINIQUE LUECKENHOFF ISSUED AN ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT UNDER SECTIONS 106(a) AND 122(a) OF CERCLA TO A GROUP OF TEN UTILITY COMPANIES (THE UTILITY GROUP ) FOR PERFORMANC EOF A REMOVAL ACTION AT THE METAL BANK OF AMERICA, INC. (STATE ROAD) SITE IN THE CITY OF PHILADELPHIA, PHILADELPHIA COUNTY, PENNSYLVANIA. THE MEMBERS OF THE UTILITY GROUP ARE: BALTIMORE GAS & ELECTRIC COMPANY, CONSOLIDATED EDISON COMPANY OF NEW YORK, DELMARVA POWER & LIGHT COMPANY, LONG ISLAND LIGHTING COMPANY (d/b/a LIPA), ORANGE & ROCKLAND UTILITIES, PECO ENERGY COMPANY, POTOMAC ELECTRIC POWER COMPANY, PPL ELECTRIC UTILITIES CORPORATION, PUBLIC SERVICE ELECTRIC AND GAS COMPANY, AND VIRGINIA ELECTRIC AND POWER OMPANY. METAL BANK OF AMERICA, INC. OPRATED A SCRAP YARD AND TRANSFORMER RECLAMATION FACILITY AT THE SITE FROM APPROXIMTAELY 19688 TO 1984. EPA HS INFORMATION THAT EACH OF THE MEMBERS OF THE UTILITY GROUP ARRANGED FOR THE DISPOSAL FO THE HAZARDOUS SUBSTANCE POLYCHLORINATED BIPHENYLS ( PCBs ) AT THE SITE BY SENDING USED AND SCRAP TRANSFORMERS AND CAPACITORS TO THE SITE. THESE TRANSFOMER AND CAPACITORS CONTAINED PCB-CONTAIMINATED OILS THAT WERE SPILLED AT THE SITE, AFFECTING SOILS AND GROUNDWATER. UNDER THE ADMINISTRATIVE SETTLEMENT AGREEMENT, THE GROUP WILL IMPLEMENT A PORTION OF THE REMOVAL ACTION SELECTED BY EPA IN A SEPTEMER 28, 2011 ACTION MEMORANDUM. PREVIOUS REMOVAL WORK WAS PERFORMED AT THE SITE BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION.

Defendants (12)

• JERSEY CENTRAL POWER & LIGHTNamed in settlement
• METROPOLITAN EDISON COMPANYNamed in settlement
• ORANGE & ROCKLAND UTILITIESNamed in settlement
• PECO ENERGY COMPANYNamed in settlement
• POTOMAC ELECTRIC POWER COMPANYNamed in settlement
• PPL ELECTRIC UTILITIES CORPORATIONNamed in settlement
• PUBLIC SERVICE ELECTRIC AND GAS COMPANYNamed in settlement
• VIRGINIA ELECTRIC AND POWER COMPANYNamed in settlement
• LONG ISLAND LIGHTING COMPANY d/b/a LIPANamed in settlement
• DELMARVA POWER & LIGHT COMPANYNamed in settlement
• CONSOLIDATED EDISON COMPANY OF NEW YORKNamed in settlement
• BALTIMORE GAS & ELECTRIC COMPANYNamed in settlement

Facilities (1)

• METAL BANK OF AMERICA INCORPORATED

  6801 STATE ROAD, PHILADELPHIA, PA, 19135

  Registry ID: 110006858436

Statutes cited

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

Enforcement conclusions (1)

• BALTIMORE GAS & ELECTRIC COMPANY, ET. AL. (METAL BANK OF AMERICA, INC)entered 2016-07-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2016-07-20Final Order Issued
• 2016-07-26Enforcement Action Data Entered