EPA v. UNION SCRAP

Case summary

UNION SCRAP CONDUCTED A BATTERY RECYCLING OPERATION FROM THE EARLY 1970'S TO 1983 AT TWO LOCATIONS WITHIN THE CITY OF MINNEAPOLIS, MINNESOTA. THE FIRST SITE, KNOWN AS THE SHAFER SITE, 129 PLYMOUTH AVENUE NORTH, WAS LOCATED ON PROPERTY LEASED FROM THE MINNESOTA DEPARTMENT OF TRANSPOR- TATION (MDOT) WHICH SHOWED HIGH LEVELS OF LEAD CONTAMINA- TION. IN NOVEMBER 1985, THE MDOT ACCEPTED RESPONSIBILITY FOR STABILIZING THE SHAFER SITE. STABILIZATION INCLUDED THE CONTROL OF SITE ACCESS THROUGH CONSTRUCTION OF A SECURITY FENCE AROUND THE PERIMETER AND CONTINUATION OF GROUNDWATER SAMPLING AND THE MONITORING OF WELLS AT THE SITE. FURTHER TESTING OF THE SITE IS ANTICIPATED BY MDOT. THE SECOND SITE OPERATED BY UNION SCRAP IS KNOWN AS THE WASHINGTON AVENUE SITE, LOCATED AT 1608 WASHINGTON AVE- NUE, NORTH. THIS SITE OPERATED FOR SEVERAL YEARS DURING THE 1970S. DRAINED BATTERIES FROM THE SHAFER SITE WERE SHIPPED BY TRUCK TO THE WASHINGTON AVENUE SITE, WHERE THE BATTERY FRAGMENTS WERE SIFTED, SORTED ACCPRDING TO SIZE, CRUSHED, & THEN SORTED BY SPECIFIC GRAVITY. PILES OF THESE LEAD CONTA- MINATED WASTES REMAINED ON THE SITE. ON 11 MARCH 1985, THE WASHINGTON AVENUE SITE WAS IN- SPECTED BY A TECHNICAL ASSISTANCE TEAM (TAT) AND THE MINNE- SOTA POLLUTION CONTROL AGENCY (MPCA). THE TAT AND MPCA FOUND 4 PILES TOTALLING 5200 CY OF MATERIAL AND AN ADDI- TIONAL 400 CY OF LOOSE MATERIAL ON THE SITE. THE TARPAULINS WHICH WERE TO COVER THE WASTE PILES, WERE BADLY TORN AND THE MATERIALS LEFT EXPOSED. THERE WAS UNRESTRICTED ACCESS TO THE SITE, LOCATED IN AN URBAN RESIDENTIAL AREA. SAMPLES COLLECTED FROM THE SITE HAD LEAD CONCENTRATIONS AS HIGH AS 59,000 PPM. EMERGENCY ACTION TO PREVENT DISCHARGE OF LEAD INTO THE ENVIRONMENT BEGAN ON 8 NOVEMBER 1985, BY THE U.S. ENVIRON- MENTAL PROTECTION AGENCY (U.S.-EPA). THIS ACTION, INCLUDING THE INSTALLATION OF A SAFETY FENCE AND THE COVERING OF THE WASTE PILE WITH TARPAULINS, WAS IN THE NATURE OF A STABILIZA TION MEASURE, PENDING A THOROUGH INVESTIGATION, STUDY AND CLEAN-UP OF THE LEAD CONTAMINATION OF THE SITE. IN DECEMBER 1986, RICHARD ROSEN, A POTENTIALLY RES- PONSIBLE PARTY (PRP) AT THE WASHINGTON AVENUE SITE, AR- RANGED FOR APPROXIMATELY 25 PERCENT OF THE LEAD CONTAMI- NATED MATERIAL (773 TONS) TO BE RECLAIMED AT A FACILITY IN P ONCHATOULA LOUISIANA. A SIGNIFICANT AMOUNT OF DEBRIS, AP- PROXIMATELY 1000 CY OF WASTE MATERIAL, STILL REMAINS ON SITE. THESE MATERIALS WERE INCOMPATIBLE WITH THE RECLAMA- TION PROCESS. ON 25 MARCH 1986, ALL PRPS AT THE WASHINGTON AVENUE SITE WERE CONTACTED BY THE EPA, HAZARDOUS WASTE ENFORCEMENT BRANCH, TO ASCERTAIN WHETHER THEY WERE AMENABLE TO PARTICIPA TING IN A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RIF/FS) OF THE SITE TO DETERMINE THE NATURE AND EXTENT OF THE REMAIN ING CONTAMINATION AT THE SITE. ALL PRPS DECLINED RESPONSIBI LITY FOR THE RI/FS. IT IS ANTICIPATED THAT THE MPCA WILL PERFORM THE THE RI/FS UNDER THE SUPERVISION AND FINANCING OF THE U.S.-EPA. THUS THE EPA WILL INCUR FURTHER RESPONSE COSTS TO INVESTIGATE AND CONTROL THE CONTAMINATION. THE RI/FS IS EXPECTED TO COMMENCE IN THE NEAR FUTURE.

Defendants (1)

• UNION SCRAPNamed in complaintNamed in settlement

Facilities (1)

• UNION SCRAP IRON & METAL COMPANY

  1608 WASHINGTON AVENUE NORTH, MINNEAPOLIS, MN, 55411

  Registry ID: 110003793342

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• UNION SCRAPentered 1988-07-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-07-15Referred To Dept Of Justice
• 1987-07-15Complaint Filed With Court
• 1988-07-07Final Order Lodged
• 1988-07-07Final Order Entered
• 1988-07-07Concluded
• 1993-04-14Enforcement Action Closed
• 1997-08-28Enforcement Action Data Entered