EPA v. WESTINGHOUSE/ABB PLANT

Case summary

THE WESTINGHOUSE PLANT WAS PURCHASED BY ASEA BROWN BOVERI (ABB).HOWEVER, WESTINGHOUSE HAS AGREED TO UNDERTAKE THE WORK AT THE SITE. THE UAO REQUIRES WESTINGHOUSE TO ERECT A FENCE AND WARNING SIGNS, SAMPLESOILS, CONDUCT AIR MONITORING OF PCB LEVELS, DEVELOP A SITE SAFETY PLAN,AND DEVELOP A PLAN TO PREVENT FURTHER SOIL, SEDIMENT AND RAINWATERRUNOFF INTO THE DITCH THAT LEADS FROM THE PLANT. WESTINGHOUSE MUST ALSODEVELOP PLANS TO CHARACTERIZE PCB CONTAMINATED SOILS AND SEDIMENTS ATTHE SITE AS WELL AS A PLAN FOR CONTAINING AND EVENTUALLY DISPOSING OFTHE CONTAMINATED MATERIALS. THE CONTAMINATION IS KNOWN TO INCLUDE ADITCH ON WESTINGHOUSE PROPERTY PLUS A 6 ACRE AREA IMMEDIATELY NORTH OFTHE PLANT. 2 MOBILE HOME PARKS LIE DIRECTLY NORTH AND WEST OF THEDRAINAGE AREA. THE PLANT MANUFACTURES AND SELLS CAPACITORS, REDUCERS, BREAKERS, ANDOTHER EQUIPMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. DURING MANUFACTURE, PCB'S LEFT THROUGH ROOF EXHAUST VENTS, DRAINEDTHROUGH THE PLANT STORME WATER SYSTEM AND ENTERED INTO THE DRAINAGEAREA. PCBS LEVELS AS HIGH AS 34,000 PPM WERE FOUND IN THE DITCH, AND77PPM IN SURFACE WATER SAMPLES. THE PLANT EMPLOYS 700 PEOPLE. IT QUITUSING PCBS IN 1976.

Defendants (1)

• WESTINGHOUSE ELECTRIC CORPORATIONNamed in complaint

Facilities (1)

• ABB POWER T&D COMPANY INCORPORATED

  300 N. CURRY PIKE, BLOOMINGTON, IN, 47404

  Registry ID: 110000403153

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1989-05-03Complaint Filed/Proposed Order
• 1993-07-09Enforcement Action Data Entered
• 1995-02-28Final Order Issued