EPA v. PEPPER'S STEEL AND ALLOYS INC.

Case summary

COURT DOCKET NUMBERS: 1983 CD - 83-1717-CIV-SPELLMAN; 1997 CD- 85-0571-CV-EDB-DAVIS. PEPPERS STEEL AND ALLOYS IS A SCRAP METAL FACILITY THAT HAS BEEN IN OPERATION SINCE THE EARLY 70'S. SOME METAL RE- COVERED CONSISTED OF ELECTRICAL TRANSFORMERS OBTAINED FROM FLA. POWER & LIGHT. PEPPERS DRAINED THE TRANSFORMER OIL, SOME OF WHICH CONTAINED PCB'S, ON ITS PROPERTY. THE SITE IS SITUATED OVER MARSHLAND AND IS UNDERLAIN BY THE BISCAYNE AQUIFER, WHICH SUPPLIES MUCH OF THE DRINKING WATER TO SOUTH- EASTERN FLA. IN JANURARY 1983 EPA WAS CONTACTED BY DADE CO- UNTY OFFICIALS CONCERNING REPORTS BY FORMER EMPLOYEES THAT LARGE QUANTITIES OF TRANSFORMER OIL CONTAMINATED WITH PCB'S HAD BEEN DISCHARGED DIRECTLY INTO THE SOIL AT THE PEPPER'S STEEL & ALLOYS, INC. FACILITY IN MEDLEY, FL. THE COUNTY ALSO REPORTED THAT ANALYSES OF SAMPLES FROM THE SITE SHOWED HIGH PCB CONCENTRATIONS IN WHAT APPEARED TO BE A FLOATING OIL LAY ER ON TOP OF THE BISCAYNE ACQUIFER. IN JUNE 1983, EPA BEGAN IMMEDIATE REMOVAL ACTION AT THE SITE. THE ACTION INCLUDED EX TENSIVE SAMPLING TO RELOCATE THE OIL LAYER AND REMOVAL OF 1200 GALLONS OF PCB CONTAMINATED LIQUIDS. COST INCURRED TO DATE AMOUNT TO AT LEAST $388,883,79. SITE IS ON THE NPL. RECOMMENDED ACTION: THIS REFERRAL REQUESTS THAT CIVIL AC- TION BE INITIATED TO RECOVER THE COST OF THE IMMEDIATE REMO- VAL ACTION UNDERTAKEN AT THE SITE.

Defendants (15)

• BLOOM, NORTONNamed in complaintNamed in settlement
• BLOOM, NORTONNamed in complaintNamed in settlement
• CASWELL, LEON G.Named in complaintNamed in settlement
• CURTIS, THOMASNamed in complaintNamed in settlement
• CURTIS, THOMAS A.Named in complaintNamed in settlement
• FLORIDA POWER & LIGHT CO.Named in complaintNamed in settlement
• MIAMI BATTERYNamed in complaintNamed in settlement
• MIAMI BATTERY MFG CO.Named in complaintNamed in settlement
• PAYNE, FLORANamed in complaintNamed in settlement
• PAYNE, LOWELLNamed in complaintNamed in settlement
• PAYNE, WILLIAMNamed in complaintNamed in settlement
• PAYNE, FLORA B.Named in complaintNamed in settlement
• PAYNE, LOWELL E.Named in complaintNamed in settlement
• PAYNE, WILLIAM U.Named in complaintNamed in settlement
• PEPPER'S STEEL & ALLOYS INC.Named in complaintNamed in settlement

Facilities (1)

• PEPPER STEEL & ALLOYS, INC.

  11100 NW S RIVER DR, MEDLEY, FL, 331781135

  Registry ID: 110009274837

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Enforcement conclusions (2)

• PEPPER'S STEEL AND ALLOYS, INC. ET AL.entered 1997-10-16

  Primary law: CERCLA

• PEPPER'S STEEL AND ALLOYS, INCentered 1987-03-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-06-01Enforcement Action Data Entered
• 1983-07-08Referred To Dept Of Justice
• 1983-07-12Referred TO U.S. Attorney
• 1983-07-12Complaint Filed With Court
• 1997-10-16Final Order Lodged
• 1997-10-16Final Order Entered
• 1997-10-16Concluded