EPA v. B & J EXCAVATING, INC. (A.I.W. FRANK/MID-COUNTY MUSTANG SUPERFUND SITE)

Case summary

On May 1, 2020, Acting Director of SEMD, Paul Leonard, signed an Administrative Settlement and Order on Consent ( ASOC ) with B & J Excavating, Inc. ( B & J ) for performance of a removal action at the AIW Frank/Mid-County Mustang Superfund Site in West Whiteland, Chester County, PA. Under the ASOC, B & J has agreed to repair, rehabilitate, or relocate several monitoring wells that B & J and current Site owner, Lennar Corporation, interfered with and damaged during construction activities at the Site. The wells are part of a Fund-lead remedial action addressing releases of trichloroethene ( TCE ) and other hazardous substances in groundwater at the Site. In 2017, EPA amended the 1995 Record of Decision ( ROD Amendment ), modifying the groundwater remedy from an extraction-and-treatment system to in-situ chemical oxidation ( ISCO ) and in-situ bioremediation. EPA conducted the first ISCO injections under the ROD Amendment in August 2019 and was scheduled to conduct monitoring in the damaged wells in early February when it discovered the damaged wells. The Pennsylvania Department of Environmental Protection has commented on the ASOC and participated in a recent EPA site inspection to assess the damage.

Defendants (1)

• B & J EXCAVATING, INC.Named in settlement

Facilities (2)

• A.I.W. FRANK/MID-COUNTY MUSTANG

  INT RTE 202 & RTE 30, EXTON, PA, 19341

  Registry ID: 110009307507

• A.I.W. FRANK/MID-COUNTY MUSTANG SUPERFUND SITE

  740 NORTH SHIP ROAD, WEST WHITELAND TOWNSHIP/EXTON, PA, 19341

  Registry ID: 110070790880

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• B & J EXCAVATING, INC. (A.I.W. FRANK/MID-COUNTY MUSTANG SUPERFUND SITE)entered 2020-05-01

  Primary law: CERCLA

Timeline (2 milestones)

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