EPA v. SUPERCHROME PLATING & ENGINEERING CO., INC.

Case summary

THE SUPERCHROME PLATING FACILITY WAS AN ELECTROPLATING OPERATION LOCATED AT 1504 EAST WASHINGTON BLVD., LOS ANGELES, CALIFORNIA. SUPERCHROME WAS PRIMARILY INVOLVED IN CHROME AND CADMIUM PLATING. UNLIKE MOST PLATING SHOPS WHICH FOCUS ON AUTOMOBILE PRODUCTS AND COSMETIC WORK, SUPERCHROME PERFORMED PRECISION AND ENGINEERING PLATING. IN ADDITION, TO OIL WELL CASTINGS, PLATING SERVICES WERE ALSO PERFORMED ON DEFENSE INDUSTRY PRODUCTS. THE AREA SURROUNDING THE SITE IS, IN GENERAL, ZONED FOR RESIDENTIAL AND LIGHT INDUSTRIAL USE. FACTORIES, WAREHOUSES AND LIGHT INDUSTRIAL STRUCTURES SURROUND AND ABUT THE SITE. THE SITE CURRENTLY CONSISTS OF A 100,000 SQUARE FOOT PARCEL OF LAND. FEATURES ENCOUNTERED ON SITE INCLUDE A LARGE L SHAPED BUILDING, (APPROXIMATELY 100 FEET ON A SIDE), AN EMPLOYEE PARKING AREA, AND A PLATING VAT SITUATED UNDERNEATH THE LOADING/UNLOADING DERRICK, WHICH IS 5 FEET IN DIAMETER AND 45 FEET DEEP. THE LOS ANGELES COUNTY HAZARDOUS MATERIALS UNIT WAS THE FIRST GOVERNMENT AGENCY CONTACTED CONCERNING THE SITE. AT THEIR REQUEST, THE STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL ( DTSC ) AUTHORIZED AN EMERGENCY RESERVE ACCOUNT CONTRACTOR TO CONDUCT LIMITED STABILIZATION ACTIVITIES AND PROVIDE TEMPORARY SITE SECURITY. NEITHER THE STATE NOR THE LOCAL AGENCY HAD SUFFICIENT FUNDS TO PERFORM STABILIZATION AND CLEANUP ACTIVITIES. CONSEQUENTLY, DTSC REQUESTED THAT EPA CONDUCT A PRELIMINARY ASSESSMENT TO DETERMINE THE NATURE OF THE THREAT AT THE SITE. ON MAY 16, 1994 THE EPA TECHNICAL ASSISTANCE TEAM ( TAT ) CONDUCTED THE FIRST PORTION OF A REMOVAL ASSESSMENT AT THE FACILITY. INVESTIGATORS ENCOUNTERED APPROXIMATELY 20 PLATING VATS ON THE INTERIOR OF THE FACILITY. TWO OF THESE VATS WERE QUITE DEEP. ONE IS 45 FEET DEEP AND FIVE FEET ACROSS, THE OTHER IS 30 FEET DEEP AND FOUR FEET IN DIAMETER. SEVERAL OF THE VATS CONTAINED CHROMIC ACID OR CADIUM CYANIDE PLATING SOLUTIONS. HYDROGEN CYANIDE GAS DETECTED WITHIN THE FACILITY. CHEMICALS ENCOUNTERED ON SITE INCLUDE 12,000 GALLONS OF CADMIUM CYANIDE SOLUTION, 60,000 GALLONS OF CHROMIC ACID, 13 55-GALLON DRUMS OF WASTE CYANIDE, 3500 GALLONS OF UNIDENTIFIED ACID AND APPROXIMATELY 130 55- GALLON DRUMS OF MISCELLANEOUS CHEMICALS. ON THE BASIS OF THE SITE INSPECTION, AN ACTION MEMORANDUM WAS SIGNED ON MAY 18, 1994, BY THE DIRECTOR OF THE HAZARDOUS WASTE MANAGEMENT DIVISION, JEFF ZELIKSON. THE MEMORANDUM DETERMINED THAT AN ACTUAL OR THREATENED RELEASE AT OR FROM THE SITE PRESENTED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT. THE ACTION MEMORANDUM APPROVED THE EXPENDITURE OF TRUST FUND MONIES TO RESPOND TO THE EMERGENCY. ON JULY 18, 1994, THE SECOND PHASE OF THE REMOVAL BEGAN. BY AUGUST 24, 1994, ALL THE CHEMICALS HAD BEEN REMOVED FROM THE FACILITY, AND THE SOIL UNDERNEATH THE VATS WAS BEING ACCESSED FOR SAMPLING. CURRENTLY, EPA IS AWAITING THE RESULTS OF THE SAMPLING FROM TAT. HOWEVER, THE FEDERAL ON-SCENE COORDINATOR ( OSC ) BILL LEWIS, STATED THAT CHEMICALS WERE FOUND UNDERNEATH AT LEAST TWO OF THE VATS, WHICH INDICATES THAT THESE VATS LEAKED. THE PRP SEARCH REVEALED THE FACT THAT THE OWNER OF SUPERCHROME ENGINEERING & PLATING CO., INC., KASMER TARCZINSKI, DIED IN JULY 1993. IN LATE 1993, A GROUP OF PETITIONING CREDITORS INITIATED INVOLUNTARY CHAPTER 7 BANKRUPTCY PROCEEDINGS AGAINST SUPERCHROME. ON FEBRUARY 10, 1994, SUPERCHROME WAS ADJUDICATED BANKRUPT UNDER CHAPTER 7. IN AUGUST 1993, PRIOR TO THE BANKRUPTCY FILING, THE BENEFICIARIES OF THE KASMER TARCZINSKI TRUST HAD EXECUTED AN ACCORD AGREEMENT BY WHICH SUPERC

Defendants (3)

• LOUKES, GETRUDENamed in complaint
• PRONIEWICZ, WALTERNamed in complaint
• SUPERCHROME PLATING & ENGINEERING CO.Named in complaint

Facilities (1)

• SUPERCHROME PLATING & ENG CO INC

  1504 E WASHINGTON BLVD, LOS ANGELES, CA, 90021

  Registry ID: 110002630760

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1994-05-17Enforcement Action Data Entered
• 1994-09-14Referred To Dept Of Justice
• 1994-12-29Complaint Filed With Court