EPA v. WESTINGHOUSE ELECTRIC/FELL IRON AND METAL, INC.

Case summary

DATE VIOLATION DETERMINED: 10/15/84 DATE DOCUMENTS RECEIVED BY ORC: 11/02/87 A. NATURE OIF THE CASE: THIS PROPOSED COST RECOVERY ACTION CONCERNS THE FELL SCRAP YARD SITE LOCATED IN THE CITY OF BLOOMINGTON, INDIANA. THE ORIGINAL IMMEDIATE REMOVAL REQUEST AUTHORIZED IMMEDIATE RE- MOVAL ACTIONS AT FOUR SEPARATE SITES LOCATED IN BLOOMINGTON, ONE OF WHICH WAS THE FELL SCRAPYARD SITE. THE FOUR SITES WERE REFERRED TO COLLECTIVELY AS THE BLOOMINGTON CAPACI- TORS SITES, PRESUMABLY BECAUSE ALL FOUR WERE LOCATED IN BLOOMINGTON AND ALL WERE CONTAMINATED BY POLYCHLORINATED BI- PHENYLS (PCBS). HOWEVER, DUE TO EVIDENTIARY ISSUES AND ASSO CIATED PROOF PROBLEMS, THIS REFERRAL REQUESTS THAT A COST RE COVERY ACTION BE COMMENCED FOR REIMBURSEMENT OF REMOVAL COSTS INCURRED AT THE FELL SCRAPYARD SITE ONLY. IN SEPTEMBER 1984, USEPA WAS NOTIFIED THAT CERTAIN SITES LOCATED IN BLOOMINGTON, INDIANA WERE CONTAMINATED BY PCBS. USEPA'S SPILL RESPONSE SECTION INVESTIGATED THE SITES, ONE OF WHICH WAS THE FELL SCRAPYARD SITE, AND OBSERVED DISPOSED ELECTRICAL EQUIPMENT AND PCB-CONTAMINATED SOIL. SUBSEQUENT LABORATORY ANALYSES OF SOIL SAMPLES AND SAMPLES OF FLUID CON TAINED WITHIN THE ELECTRICAL EQUIPMENT DEMONSTRATED EXTREME- LY HIGH LEVELS OF PCBS PRESENT IN BOTH THE FLUID AND SOIL SAMPLES. AFTER DETERMINING THAT THE SITES POSED A SUBSTANTIAL AND IMMINENT THREAT TO THE PUBLIC AND THE ENVIRONMENT FROM DI- RECT CONTACT EXPOSURE TO PCBS, USEPA COMMENCED AN IMMEDIATE REMOVAL ACTION ON OCTOBER 18, 1984. ACTUAL ON-SITE REMOVAL ACTIVITIES CONTINUED AT THE FELL SCRAPYARD SITE UNTIL JANU- ARY 24, 1985. TOTAL COSTS OF $104,572.36 WERE INCURRED AS A RESULT OF REMOVAL ACTIONS AT ALL FOUR BLOOMINGTON CAPACI- TORS SITES, 85% OF WHICH WERE INCURRED FOR REMOVAL ACTIVI- TIES AT THE FELL SCRAPYARD SITE, ONLY. B. CAUSE OF ACTION: USEPA SEEKS THE RECOVERY OF AT LEAST $88,886.51 EXPENDED AT THE FELL SCRAPYARD SITE, PURSUANT TO SECTION 107 OF CER- CLA, 42 USC SECTION 9607. THE POTENTIAL DEFENDANTS INCLUDE WESTINGHOUSE ELECTRIC CORP., AS THE GENERATOR OF THE PCB'S FOUND AT THE SITE, AND FELL IRON AND METAL, INC., AS THE CUR RENT OWNER AND OPERATOR OF THE SITE. C. PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS INCURRED BY USEPA IN PERFORMING THE IMME- DIATE REMOVAL ACTION AT THE FELL SCRAPYARD SITE, AS WELL AS FUTURE COSTS. D. ISSUES OF NATIONAL OR PRECEDENTIAL IMPORTANCE: INITIATING THIS COST RECOVERY LAWSUIT WILL UPHOLD THE CON- GRESSIONAL MANDATE SET FORTH IN CERCLA, AS AMENDED BY SARA, THAT RESPONSIBLE PARTIES BE HELD LIABLE FOR ALL DAMAGES CAUSED BY THE RELEASE OF HAZARDOUS SUBSTANCES.

Defendants (2)

• FELL IRON AND METAL, INC.Named in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORP.Named in complaintNamed in settlement

Facilities (1)

• FELL IRON AND METAL INC

  503 N ROGERS, BLOOMINGTON, IN, 47401

  Registry ID: 110003075109

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• WESTINGHOUSE ELECTRIC CORP.entered 1992-03-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-01-11Referred To Dept Of Justice
• 1988-01-22Complaint Filed With Court
• 1992-03-28Final Order Lodged
• 1992-03-28Final Order Entered
• 1992-03-28Concluded
• 1997-08-28Enforcement Action Data Entered
• 2006-10-13Enforcement Action Closed