EPA v. PESSES COMPANY (S'WEST) (THE)

Case summary

06/28/90: SYNOPSIS OF THE CASE: THIS IS A REFERRAL LITIGATION REPORT UNDER SECTION 107 OF THE COMPREHENSIVE ENVIORNMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZ- ATION. THE PESSES COMPANY(S'W) FACILITY IN FT WORTH, TX WHICH RECLAIMED CADMIUM FROM USED NICKEL CADMIUM BATTERIES AND OTHER CADMIUM WASTES. IT IS UNCLEAR WHEN THE FACILITY STARTED OPERATIONS, BUT THE EVIDENCE PLACES THE APPROXIMATE DATE AS JULY 1979. THE COMPANY OPERATED FOR SEVERAL MONTHS PRIOR TO APPLYING FOR A CONSTRUCTION PREMIT FROM THE TEXAS AIR CONTROL BOARD TO BUILD THE FACILITY AND NEVER OBTAINED AN OPERATING PERMIT FROM THE TACB. CITY OF FT WORTH RECORDS INDICATE THAT THE FACILITY HAS NOT BEEN IN OPERATION SINCE MAY 1981, ALTHOUGH MATERIAL HAS CONTINUED TO BE MOVED IN AND OUT OF THE FACILITY AS LATE AS THE FALL OF 1982. EPA CON- DUCTED AN EMERGENCY REMOVAL ACTION AT THE SITE IN 1983 RE- MOVING BARRELS FOR OFFSITE DISPOSAL AND CAPPING OF CONTAMIN- ATED SOILS. REMEDIAL ACTIVITY COMMENCED ON 1/20/92. REMEDIAL ACTIVITY WAS ACCOMPLISHED IN SEPT. 1992. NEGOTIATIONS WITH A GROUP OF GENERATOR PRPS HAS BEEN ONGOING SINCE 1989. A SETTLEMENT HAS BEEN REACHED BETWEEN EPA, THE STATE OF TEXAS, SEVERAL PRI- VATE PRPS AND THE U.S. AIR FORCE WHICH WILL RESULT IN EPA AND THE STATE RECOVERING 100% OF PAST COSTS OF $2.6 MILLION AT THE SITE. PREJUDGMENT INTEREST IS NIT INCLUDED IN THE A- MOUNT OF THE SETTLEMENT.

Defendants (21)

• MATSUSHITA ELECTRIC D/B/A PANASONIC IND.Named in complaintNamed in settlement
• METALLON HOLDINGS CORP.Named in complaintNamed in settlement
• MOTOROLA, INC.Named in complaintNamed in settlement
• ASARCO INC. AND FEDERATED METALS CORP.Named in complaintNamed in settlement
• CUTLER-HAMMER, INC.Named in complaintNamed in settlement
• DREYFUSS METAL CO.Named in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & CO.Named in complaintNamed in settlement
• EATON CORP.Named in complaintNamed in settlement
• EVEREADY BATTERY CO., INC.Named in complaintNamed in settlement
• GENERAL ELECTRIC CO.Named in complaintNamed in settlement
• GULF METALS IND., INC.Named in complaintNamed in settlement
• GULTON IND., INC.Named in complaintNamed in settlement
• MARATHON POWER TECHNOLOGIESNamed in complaintNamed in settlement
• MARVIN PESSES (BANKRUPTCY)
• PESSES COMPANY (SO. WEST) (THE)_(BNKRPCY
• SHEREX CHEMICAL COMPANYNamed in complaintNamed in settlement
• STEELMET, INC.Named in complaintNamed in settlement
• TEX TIN CORP.Named in complaintNamed in settlement
• U.S. AIR FORCENamed in complaintNamed in settlement
• UNIVERSAL METAL & ORE COMPANY INC.Named in complaintNamed in settlement
• VARTA BATTERIES, INC.Named in complaintNamed in settlement

Facilities (1)

• PESSES CHEMICAL CO.

  2301 S MAIN ST, FORT WORTH, TX, 76110

  Registry ID: 110009346225

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• US V MOTOROLA, INC. ET AL.entered 1996-07-12

  Primary law: CERCLA

Timeline (8 milestones)

• 1983-04-01Enforcement Action Data Entered
• 1990-06-28Referred To Dept Of Justice
• 1991-02-21Returned To Region
• 1995-06-01Rereferred
• 1996-03-25Complaint Filed With Court
• 1996-07-12Final Order Lodged
• 1996-07-12Final Order Entered
• 1996-07-12Concluded