EPA v. TUROG PROPERTIES LIMITED (CHEM-FAB SUPERFUND SITE)

Case summary

REGION MODIFIES CERCLA SECTION 106 ORDER (SECOND AMENDMENT) The Region has issued a second amendment to a CERCLA Sectuin 106 order issued in June 2017 directing Turog Properties Limited to operate and maintain a subslab depressurization system installed in one of its commercial buildings at the Chem-Fab Superfund Site. As originally issued, the Order directed Turog to, among other things, inspect and repair the system fans, notify EPA of any changes in use of the building or condition of the foundation which might affect vapor intrusion, and take indoor air samples on an annual basis. The Region amended the Order in July 2017 (Amendment No. 1) to remove the obligation to collect and analyze samples following receipt of a claim of inability to pay for this work. The Region is currently conducting an ability-to-pay analysis of the Respondent. The current amendment (Amendment No. 2) extends the deadline for replacement of fans found to be inoperable from 48 hours to 15 business days. The Respondent requested flexibility in the original deadline in the course of developing a work plan for the project. Extension of this deadline is expected to have no impact on risk at the Site. The Chem-Fab Superfund Site consists of property located on North Broad Street, Doylestown, Bucks County, Pennsylvania (Property) as well as all locations to which hazardous substances and pollutants or contaminants have migrated from the Property. Between the 1960s and approximately 1999, industrial processes and disposal operations (including the disposal of liquid wastes brought to the Property from a variety of off-Site manufacturing operations) resulted in the contamination of soils on the Property and groundwater beneath the Property and elsewhere. Past and ongoing investigations by the Commonwealth of Pennsylvania and EPA identified soils and groundwater contaminated with numerous volatile organic contaminants. The Region has performed several actions at the Site including several removal actions to provide bottled water, connect impacted residents to municipal water, remove and dispose of liquid wastes, place portable air purifiers in tenant spaces, excavate and dispose off-site contaminated soils outside the footprint of the three commercial buildings on the Property, and install the permanent subslab system that is the subject of the Order. The Chem-Fab Site is on the NPL and is being studied in an RI/FS. THE REGION HAS ISSUED A THIRD AMENDMENT TO A CERCLA SECTION 106 ORDER ISSUED IN JUNE 2017 DIRECTING TUROG PROPERTIES LIMITED TO OPERATE AND MAINTAIN A SUBSLAB DEPRESSURIZATION INSTALLED IN ONE OF ITS COMMERCIAL BUILDINGS AT THE CHEM-FAB SUPERFUND SITE. TUROG FAILED TO SUBMIT PROGRESS REPORTS DOCUMENTING OPERATION AND MAINTENANCE OF THE SYSTEM, FAILED TO SUBMIT A DOCUMENT CERTIFICATION, AND FAILED TO SUBMIT A DRAFT LAND NOTICE AS REQUIRED BY THE ORDER. FOLLOWING A REFERRAL TO DOJ FOR ENFORCEMENT AND A CONFERENCE CALL BETWEEN TUROG, DOJ, AND EPA, TUROG SUBMITTED ALL PAST DUE PROGRESS REPORTS AS WELL AS THE DRAFT NOTICE AND DOCUMENT CERTIFICATION. THE OSC REQUEST CHANGES IN PROGRESS REPORT FORMAT AND AGREED TO ADJUST THE TIMING FOR SUBMITTAL OF SUCH REPORTS. IN ADDITION, THE REGION IDENTIFIED A CONFLICT BETWEEN THE ORDER AND THE EPA-APPROVED WORKPLAN REGARDING THE TIMING OF EQUIPMENT INSPECTIONS. AMONG OTHER THINGS, THE THIRD AMENDMENT SYNCHRONIZES THE FREQUENCY OF EQUIPMENT INSPECTIONS BETWEEN THE ORDER AND THE EPA-APPROVED WORK PLAN, REQUIRES PREPARATION OF SIGNED WEEKLY INSPECTION REPORTS, AND ESTABLISHES NOMENCLATURE FOR REFERRING TO SPECIFIC EQUIPMENT IN REPORTS.

Defendants (1)

• TUROG PROPERTIES LIMITEDNamed in settlement

Facilities (1)

• CHEM FAB SUPERFUND SITE

  300 N BROAD ST, DOYLESTOWN, PA, 18901

  Registry ID: 110004832986

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• TUROG PROPERTIES LIMITED (CHEM-FAB SUPERFUND SITE) SECOND AMENDMENTentered 2017-11-15

  Primary law: CERCLA

• TUROG PROPERTIES LIMITED (CHEM-FAB SUPERFUND SITE)entered 2017-05-31

  Primary law: CERCLA

• TUROG PROPERTIES LIMITED (CHEM-FAB SUPERFUND SITE)entered 2017-07-19

  Primary law: CERCLA

• TUROG PROPERTIES LIMITED (CHEM-FAB SUPERFUND SITE) (AMENDMENT # 3)entered 2020-01-27

  Primary law: CERCLA

Timeline (2 milestones)

• 2017-06-05Enforcement Action Data Entered
• 2020-01-27Final Order Issued