EPA v. VERSATILE METALS, INC. (METAL BANK OF AMERICA, INC.)

Case summary

On September 25, 2018, the United States simultaneously filed a Complaint against Versatile Metals, Inc., and lodged an ability-to-pay Consent Decree, settling the United States' claims against Versatile for response costs incurred under CERCLA at the Metal Bank of America, Inc. (State Road) Site. Versatile is the former operator of a metals scrapyard at the Site in Philadelphia, Pennsylvania. During Versatile's operations, polychlorinated biphenyls (PCBs) were disposed of at the Site. EPA, the Pennsylvania Department of Transportation, and a group of several potentially responsible parties conducted a removal action at the Site from 2015 to 2016 to mitigate releases of PCBs, which had been migrating into a subterranean sewer line at the Site. This sewer line discharges to the Delaware River. EPA has incurred nearly $1.5 million in response costs for the Site. Under the Consent Decree, Versatile has agreed to pay $42,000 to a Superfund Special Account for the Site and to assign to the United States its rights to claims under several comprehensive general liability insurance policies.

Defendants (12)

• VERSATILE METALS, INC.Named in complaintNamed in settlement
• Virginia Electric and Power Company
• Baltimore Gas & Electric Company
• Consolidated Edison Company of New York
• Delmarva Power & Light Company
• Jersey Central Power & Light, Long Island Lighting
• Metropolitan Edison Company
• Orange & Rockland Utilities
• PECO Energy Company
• Potomac Electric Power Company
• PPL Electric Utilities Corporation
• Public Service Electric and Gas Company

Facilities (2)

• METAL BANK OF AMERICA

  6801 STATE ROAD, PHILADELPHIA, PA, 19135-1540

  Registry ID: 110006858436

• METAL BANK OF AMERICA INCORPORATED

  6801 STATE ROAD, PHILADELPHIA, PA, 19135

  Registry ID: 110006858436

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VERSATILE METALS, INC. (METAL BANK OF AMERICA, INC.)entered 2018-11-15

  Primary law: CERCLA

Timeline (6 milestones)

• 2017-09-20Referred To Dept Of Justice
• 2017-09-25Enforcement Action Data Entered
• 2018-09-25Final Order Lodged
• 2018-09-25Complaint Filed With Court
• 2018-11-15Final Order Entered
• 2020-09-01Supplemental Referral-Adding parties, counts