EPA v. EXIDE (FLEETWOOD & HAMBURG)

Case summary

On August 22, 2019, the Acting Director of the Superfund & Emergency Management Division signed a Settlement Agreement for Recovery of Past Response Costs (?Settlement Agreement?) pursuant to Section 122(h)(1) of CERCLA. This Settlement Agreement resolves EPA's claims under Sections 107(a)(2) and 113 of CERCLA against Exide Technologies, Inc. ( Exide ) for reimbursement of response costs incurred at the Fleetwood Residential Lead Superfund Site and Hamburg Residential Lead Superfund Site, both located in Berks County, Pennsylvania (collectively the ?Sites?). As the operator of two battery manufacturing plants in the area of the Sites, Exide arranged for the disposal of crushed battery casings at each of the Sites. These crushed battery casings were heavily contaminated with lead and arsenic, and EPA had to conduct an emergency response action at each of these residential Sites to protect the health and safety of the homeowners currently living there. PADEP was notified of the removal actions. EPA incurred $2,138,108 in response costs at the Hamburg Residential Lead Superfund Site and $1,053,098 at the Fleetwood Residential Lead Superfund Site, for a combined total of $3,191,206; however, pursuant to the terms of a prior bankruptcy settlement, only 15% of these response costs, or $478,681, is recoverable against Exide. The Settlement Agreement provides that Exide pay $112,500 to settle the United States? claims for Site-related response costs under CERCLA. For reasons related to its bankruptcy filings, Exide has requested that the settlement take the form of an administrative agreement under Section 122(h)(1) of CERCLA. The Settlement Agreement was approved by the Department of Justice and following a 30 days public comment period, became effective on January 16, 2020.

Defendants (1)

• EXIDE TECHNOLOGIES, INCNamed in settlement

Facilities (2)

• HAMBURG RESIDENTIAL LEAD SITE

  736 N. 6TH STREET, HAMBURG, PA, 19526

  Registry ID: 110067037771

• FLEETWOOD RESIDENTIAL LEAD

  2019 MT LAUREL ROAD, FLEETWOOD, PA, 19522

  Registry ID: 110055264985

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• EXIDE (FLEETWOOD & HAMBURG)entered 2020-01-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2020-01-16Final Order Issued
• 2020-02-28Enforcement Action Closed
• 2020-04-06Enforcement Action Data Entered