EPA v. UNITED SCRAP LEAD

Case summary

On March 19, 2015, the Department of Justice lodged with the United States District Court for the Southern District of Ohio a proposed cash-out agreement in the lawsuit entitled United States v. The Atlas Lederer Company, et al. Civil Action No. 3:91-cv-309. The proposed agreement, if approved, will amend a Consent Decree entered by the Court in 1998. Under the Original Decree, the Settling Generator Defendants have cleaned up the United Scrap Lead Superfund Site in Troy, Ohio, and reimbursed the EPA for a portion of its response costs. Now, under the proposed cash-out agreement, the Settling Generator Defendants will resolve their remaining obligations under the Original Decree by (1) paying a cash-out amount of $158,564, (2) dismissing, with prejudice, their challenge to EPA's oversight bills under the Disputes clause of the Original Decree, and (3) waiving their right to share proceeds generated from the sale of the Site. In exchange, the United States shall excuse Settling Defendants from their obligations to (1) pay any additional oversight costs in the future. ON JULY 31, 1991, THE U.S. FILED A CERCLA SECTION 107 COST REECOVERY ACTION IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AS PART OF A JOINT U.S. EPA/DOJ LEAD INITIATIVE. THE DEFENDANTS NAMED IN THE SUIT INCLUDED NINE GENERATOR DEFENDANTS AND BAILEN BROTHERS, INC., WHICH WAS THOUGHT TO BE THE THEN-CURRENT SITE OWNER/OPERATOR. IN 1997 U.S. EPA ISSUED A ROD AMENDMENT FOR A CONTAINMENT REMEDY. THE UNITED SCRAP LEAD SUPERFUND SITE, LOCATED NEAR TROY, MIAMI COUNTY, OHIO, AND OCCUPYING APPROXIMATELY 25 ACRES OF LAND, OPERATED A LEAD BATTERY RECYCLING (BATTERY BREAKER) FACILITY FROM APPROXIMATELY THE LATE 1950'S TO 1980. DURING THIS TIME PERIOD, UNITED SCRAP LEAD, INC., (USL) BOUGHT WHOLE USED BATTERIES FROM APPROXIMATELY 200 DIFFERENT SCRAP DEALERS, GARAGES, BATTERY SHOPS, MILITARY INSTALLATIONS, AND UTILITY COMPANIES. PRIOR TO 1979, USL WOULD BREAK OPEN THE VARIOUS USED BATTERIES, DUMP THE LEAD-ACID ONTO THE GROUND, AND EXTRACT THE LEAD FROM THE BATTERY CASINGS, AGAIN ALLOWING THE LEAD-WASH TO SEEP INTO THE GROUND, CRUSH THE BATTERY CASINGS AND DISPOSE OF THE CASINGS ON SITE, AND SELL THE EXTRACTED LEAD TO A LEAD SMELTER FOR PROFIT. IN 1985, EPA CONDUCTED AN EMERGENCY REMOVAL AT THE SITE, DURING WHICH CONTAMINAYED SOILS AND WASTE MATERIALS WERE RELOCATED ON THE SITE AWAY FROM THE SURROUNDING RESIDENCE/BUSINESSES AND THE ROAD. A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) WAS CONDUCTED BETWEEN JANUARY 1986 TO AUGUST 1988. EPA ISSUED THE RECORD OF DECISION ( ROD ) ON SEPTEMBER 16, 1988. THE SELECTED REMEDY INCLUDED AN INNOVATIVE SOIL-WASHING TREATMENT TECHNOLOGY THEN UNDER DEVELOPMENT BY THE NOW-DEFUNCT BUREAU OF MINES OF THE DEPARTMENT OF THE INTERIOR, WHICH THE AGENCY HOPED COULD BE USED AT SEVERAL BATTERY BREAKING SITES. THE REMEDY INVOLVED THE TREATMENT OF BOTH BATTERY CASING CHIPS AND CONTAMINATED SOILS TO REMOVE AND RECYCLE LEAD. AT THE TIME OF THE ROD ISSUANCE, THE REMEDIAL ACTION WAS EXPECTED TO COST $27 MILLION. HOWEVER, IN 1992, EPA ABANDONED THE ORIGINAL REMEDY AND EMBARK- ED ON AN ALTERNATIVE ANALYSIS STUDY BECAUSE OF AN INCREASED ESTIMATE OF REMEDY COSTS (BY THEN, $100 MILLION), TECHNOLOGICAL UNCERTAINTIES AND THE FACT THAT THE REMEDY COULD NOT BE AT OTHER BATTERY SITES. FROM 1992 UNTIL APPROXIMATELY 1997, EPA EXPLORED VARIOUS REMEDIAL OPTIONS, IN JUNE 1997, EPA ISSUED A ROD AMENDMENT THAT SELECTED AS THE REMEDY, AMONG OTHER THINGS, THE EXCAVATION OF ALL BATTERY CASING CHIPS, WITH TWO TREATMENT OPTIONS TREATMENT ON-SITE TO MEET RCRA'S LAND DISPOSAL RESTRICTIONS ( LDRS ), OR TRANSPORTATION TO A RCRA SUBTITLE C TREATMENT, STORAGE, AND DISPOSAL FACILITY.

Defendants (35)

• ATLAS LEDERER CO.Named in complaintNamed in settlement
• BAILEN BROTHERS, INC.Named in complaintNamed in settlement
• CONSOLIDATED RAILROAD CORP.Named in complaintNamed in settlement
• DAVID J. JOSEPH CO.Named in complaintNamed in settlement
• G.M. CORP.Named in complaintNamed in settlement
• HERMAN STRAUSS INC.Named in complaintNamed in settlement
• LIVINGSTON & CO., INC.Named in complaintNamed in settlement
• NAVISTAR INT'L CORP.Named in complaintNamed in settlement
• SENSER METAL, CO.Named in complaintNamed in settlement
• SIMS BROS. INC.Named in complaintNamed in settlement
• UNITED SCRAP LEAD, INC.
• MID-OHIO BATTERY, INC.
• UNITED SALVAGE, INC.
• BARKER JUNK COMPANY, INC.Named in settlement
• BROADWAY IRON & METAL, INC.Named in settlement
• U.S. WASTE MATERIALS, INC.Named in settlement
• MOYERSNamed in settlement
• BURNS IRON & METAL COMPANY, INCNamed in settlement
• Saul SenserNamed in settlement
• Eagle Iron Company, Inc.Named in settlement
• Dobrow Industries, Inc.Named in settlement
• Cohen Brothers, Inc.Named in settlement
• RMS Properties CorporationNamed in settlement
• Cherrington Scrap Metals, Inc.Named in settlement
• Sims Bros. Inc.Named in settlement
• …and 10 more

Facilities (1)

• UNITED SCRAP LEAD CO., INC.

  1425 S DIXIE HWY PO BOX 25, TROY, OH, 45373-0025

  Registry ID: 110009343059

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (9)

• UNITED SCRAP LEAD - BURNS IRON & METALentered 2007-07-09

  Primary law: CERCLA

• UNITED SCRAP LEAD - STIP ORDER - SAUL SENSERentered 2013-03-07

  Primary law: CERCLA

• UNITED SCRAP LEAD- STIPULATION, SETTLEMENT AGREEMENT AND ORDERentered 2007-07-09

  Primary law: CERCLA

• UNITED SCRAP LEAD - LIVINGSTONentered 2009-01-23

  Primary law: CERCLA

• UNITED SCRAP LEADentered 2005-07-13

  Primary law: CERCLA

• UNITED SCRAP LEAD CDentered 2002-06-19

  Primary law: CERCLA

• UNITED SCRAP LEADentered 2015-03-26

  Primary law: CERCLA

• UNITED SCRAP LEADentered 2000-04-10

  Primary law: CERCLA

• UNITED SCRAP LEAD - SENSER METAL/SAUL SENSERentered 2013-03-07

  Primary law: CERCLA

Timeline (8 milestones)

• 1985-10-01Enforcement Action Data Entered
• 1991-06-18Referred To Dept Of Justice
• 1991-07-31Complaint Filed With Court
• 2012-12-27Supplemental Referral-Adding parties, counts
• 2012-12-27Supplemental Referral-Other
• 2015-03-19Final Order Lodged
• 2015-03-19Supplemental Referral-Other
• 2015-03-26Final Order Entered