EPA v. OSAGE METALS, 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. IN 1993, 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. REGION VII INVESTIGAETD 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 335 MG/KG; LEAD WAS FOUND AS HIGH AS 56,500 MG/KG. 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. 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.

Defendants (1)

• OSAGE METALSNamed in complaintNamed in settlement

Facilities (1)

• OSAGE METALS

  120 OSAGE, KANSAS CITY, KS, 66105

  Registry ID: 110001369625

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OSAGE METALSentered 1996-09-26

  Primary law: CERCLA

Timeline (4 milestones)

• 1996-09-26Complaint Filed/Proposed Order
• 1996-09-26Final Order Issued
• 1996-09-30Enforcement Action Data Entered
• 1997-09-26Enforcement Action Closed