EPA v. OSAGE METALS CO., INC., KANSAS CITY, KS

Case summary

THE OSAGE METALS SITE IS A 1.7 ACRE SITE THAT WAS THE LOCATION OF A METALS SALVAGE AND RECLAMATION FACILITY BETWEEN 1948 AND 1993. THE SITE IS LOCATED IN AN INDUSTRIAL SECTION OF KANSAS CITY, KANSAS AT 120 OSAGE AVENUE. THE SITE HAS BEEN SOLELY OWNED BY NOREEN GREENBERG SINCE 1994. PRIOR TO THAT TIME, MEYER KRUG AND IDA KRUG, THE PARENTS OF NOREEN GREENBERG, OWNED THE SITE AND OPERATED THE METAL SCRAP YARD. AFTER MEYER KRUG DIED IN 1985, IDA KRUG DEEDED THE PROPERTY TO A TRUST CONSISTING OF HER SON, HER DAUGHTER, AND HERSELF. IN 1994, THE TRUST DEEDED THE PROPERTY TO NOREEN GREENBERG. OSAGE METALS CO., INC., WAS INCORPORATED IN 1986 AFTER OSAGE IRON & METAL CO., INC., OWNED BY MEYER KRUG AT THE SAME LOCATION, HAD FORFEITED ITS CHARTER. MARVIN GREENBERG, THE HUSBAND OF NOREEN GREENBERG, IS LISTED AS PRESIDENT AND WAS THE OPERATOR OF OSAGE METALS CO., INC., UNTIL 1993. IN THAT YEAR, A FLOOD CREATED A SINKHOLE ON THE PROPERTY, CAUSING ONE SIDE OF THE WAREHOUSE LOCATED ON THE PROPERTY TO COLLAPSE. OPERATIONS CEASED AS A RESULT. THE CORPORATION IS NOT ACTIVE OR IN GOOD STANDING; AS OF JANUARY 15, 1994, THE CHARTER OF OSAGE METALS CO., INC., HAD BEEN FORFEITED. REGION VII HAD INVESTIGATED THE SITE IN 1987, AFTER RECEIVING A REPORT THAT TRANSFORMERS CONTAINING PCBS WERE BEING UNLOADED AT THIS FACILITY. ANALYSIS OF SOIL SAMPLES INDICATED THAT PCBS WERE PRESENT IN THE SOIL, IN SOME AREAS UP TO 343 MG/KG. IN 1994, THE SITE WAS SAMPLED AGAIN. PCBS WERE FOUND TO BE PRESENT IN SURFACE SOILS AT LEVELS AS HIGH AS 334 MG/KG; LEAD WAS FOUND AS HIGH AS 56,500 MG/KG. ON FEBRUARY 13, 1995, EPA ISSUED AN ACTION MEMORANDUM WHICH AUTHORIZED THE EXPENDITURE OF FUND MONEY TO PERFORM A REMOVAL ACTION AT THE SITE PURSUANT TO SECTION 106 OF CERCLA. ON MARCH 3, 1995, EPA ISSUED A UAO TO OSAGE METALS CO., INC.; MARVIN GREENBERG; AND NOREEN GREENBERG, ORDERING THEM TO PERFORM THE REMOVAL ACTION. THE GREENBERGS GRANTED EPA PERMISSION TO ENTER THEIR PROPERTY TO PERFORM THE REMOVAL ACTION, BUT STATED THAT THEY WERE UNABLE TO FINANCE SUCH AN UNDERTAKING. EPA BEGAN THE REMOVAL ACTION IN MARCH, 1995, AND COMPLETED THE WORK IN OCTOBER, 1995. AS OF OCTOBER 31, 1995, EPA HAD PAID $679,486.27 IN RESPONSE COSTS, ALTHOUGH THE AGENCY HAS ACTUALLY INCURRED COSTS IN EXCESS OF $1,087,897. EPA FILED A SUPERFUND LIEN ON THE PROPERTY ON JUNE 26, 1995, IN WYANDOTTE COUNTY, KANSAS. THE GREENBERGS' ARE IN DEFAULT ON A BANK LOAN COLLATERALIZED BY THE OSAGE PROPERTY IN THE AMOUNT OF $55,000.

Defendants (3)

• MARVIN GREENBERGNamed in complaintNamed in settlement
• NOREEN GREENBERGNamed in complaintNamed in settlement
• OSAGE METALS CO., INC.Named in complaintNamed in settlement

Facilities (1)

• OSAGE METALS

  120 OSAGE, KANSAS CITY, KS, 66105

  Registry ID: 110001369625

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• U.S. V. NOREEN GREENBERG, MARVentered 1996-09-27

  Primary law: CERCLA

Timeline (8 milestones)

• 1996-01-12Enforcement Action Data Entered
• 1996-01-12Referred To Dept Of Justice
• 1996-06-17Complaint Filed With Court
• 1996-09-27Final Order Lodged
• 1996-09-27Final Order Entered
• 1996-09-27Concluded
• 1996-10-04Enforcement Action Closed
• 1996-10-04Pipeline Closed