EPA v. FORMER ZELLER CORPORATION UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THE SITE IS AN ABANDONED FORMER MANUFACTURING FACILITY FOR UNIVERSAL JOINTS, DRIVE SHAFTS, DRIVE LINE COMPONENTS AND SPARK PLUGS. ON JANUARY 3, 2005, AN ON-SITE TRANSFORMER CAUGHT ON FIRE AFTER CONTRACTORS, HIRED BY THE RESPONDENTS DRAINED THE OIL FROM THE TRANSFORMER AND WORKED TO DISMANTLE AND SCRAP IT. AT THE TIME OF THE INITIAL RESPONSE TO THE FIRE BY OEPA AND THE RESPONDENTS, WORKERS DISCOVERED THAT THE OIL RELEASED FROM THE TRANSFORMER INTO THE SECONDARY CONTAINMENT AROUND THE TRANSFORMER PAD HAD MIGRATED OUT OF CONTAINMENT, INTO AN ADJACENT AREA OF GRAVEL FILL, THE ADJACENT RAILROAD PROPERTY, A STORM SEWER ON THE PROPERTY, AND THE CITY OF DEFIANCE'S WASTEWATER TREATMENT PLANT VIA THE CITY'S COMBINED SEWER SYSTEM. ON AND AFTER JANUARY 6, 2005, THE RESPONDENTS REPORTED THE FOLLOWING LABORATORY RESULTS FOR SAMPLES COLLECTED FROM THE SITE AFTER THE SPILL: THE CONCENTRATION OF PCBS IN OIL RECOVERED FROM THE SPILL WAS AS HIGH AS 1161 PPM; THE CONCENTRATION OF PCBS IN OILY WATER RECOVERED FROM THE SITE WAS 8000 UG/L; THE CONCENTRATION OF PCBS IN OILY WATER RECOVERED FROM THE FLOODED BASEMENT OF AN ON-SITE BUILDING WAS 370 MG/KG; AND THE CONCENTRATION OF PCBS IN SOIL IMPACTED BY THE SPILL WAS AS HIGH AS 33 PPM. APPROXIMATELY 17 DRUMS OF SOLVENTS, OILS, CORROSIVES, AND UNKNOWN LIQUIDS AND POWDERS WERE IDENTIFIED THROUGHOUT THE SITE. A LABORATORY INSIDE THE MAIN SITE BUILDING CONTAINS APPROXIMATELY 200 JARS AND BOTTLES OF LAB-GRADE CHEMICALS. MANY OF THE TRANSFORMERS AND CAPACITORS LOCATED THROUGHOUT MAIN SITE BUILDING, WHICH ARE LABELED WITH YELLOW PCB PLACARDS, APPEAR TO BE OLD AND LEAKING AND NEARLY EVERY CONCRETE AND BRICK FLOOR, WALL AND STEEL SUPPORT STRUCTURE AT THE SITE HAS BEEN COVERED IN AN OIL FILM. THIS ORDER REQUIRES THE RESPONDENTS JOHN YODER AND KENNETH MARCINIAK TO CONDUCT REMOVAL ACTIVITIES. RESPONDENTS SHALL REIMBURSE U.S. EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN OVERSEEING RESPONDENTS' IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDER. VIOLATION OF ANY PROVISION OF THIS ORDER MAY SUBJECT RESPONDENTS TO CIVIL PENALTIES OF UP TO $32,500 PER VIOLATION PER DAY.

Defendants (2)

• JOHN F YODERNamed in complaintNamed in settlement
• KENNETH MARCINIAKNamed in complaintNamed in settlement

Facilities (1)

• FORMER ZELLER CORPORATION

  1307 BALTIMORE ROAD, DEFIANCE, OH, 43512

  Registry ID: 110000383567

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• FORMER ZELLER CORPORATION UNILATERAL ADMIN ORDER (CERCLA)entered 2005-06-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-06-21Final Order Issued
• 2005-07-14Enforcement Action Data Entered