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Credit Pacific Service Union By Staff

The Sept. 18 editorial "Shifting the Burden" perpetuated the myth that the dwindling Superfund trust fund is crucial to the cleanup program's success. But thanks to strong Environmental Protection Agency enforcement, about 70 percent of Superfund cleanups are funded by the responsible parties, not by the trust fund. Also, taxes from oil and chemical companies primarily created the trust fund, which is handy but hardly fair, because these firms already pay directly for their own sites, and most sites were created by other industries, governmental units and even individuals.

Credit First Service Union (AXcess News)Philadelphia - Ending a quarter century of litigation, the federal district court in Philadelphia has approved a settlement resolving the government's lawsuit over the cleanup of the Metal Bank Superfund Site in Philadelphia, the U.S. Environmental Protection Agency announced today.

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Card Credit Mobile Service Under a consent decree approved by U.S. District Judge James T. Giles, several parties that the government alleged were responsible for the contamination at the former scrap metal and recycling facility are required to implement or fund an $18 million cleanup at the 10-acre site, located at 7301 Milnor Street in Philadelphia.

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Card Credit Discover Service The Metal Bank site is located along the Delaware River in an industrial section of northeast Philadelphia. From 1968 to1972, Metal Bank salvaged scrap metal and drained oil from used transformers to reclaim copper parts. These activities resulted in oil spills into the soil, groundwater, and river. Soil and groundwater were contaminated with polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), heavy metals, and volatile organic compounds. The site was added to the Superfund National Priorities List in 1983.

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Credit Public Service Union In litigation beginning in1980, the U.S. Department of Justice, on behalf of EPA, had sued the Metal Bank site owners and operators (Union Corporation, Metal Bank of America, and Metal Bank owners and officers Irvin Schorsch and John Schorsch collectively "Metal Bank Defendants") under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund) and the Resource Conservation and Recovery Act (RCRA). Superfund and RCRA require parties responsible for contaminated sites to perform or pay for the cleanup.

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Card Credit Processing Service EPA subsequently identified several other parties who were potentially liable for the cleanup, including 11 utility companies which had sent PCB-contaminated transformers to the site. In 1991, these utility companies signed an agreement with EPA to conduct a remedial investigation and feasibility study to investigate site conditions and cleanup options. In 1998, after the remedial investigation documented widespread contamination, EPA ordered the Metal Bank defendants and utility companies to implement an EPA-approved cleanup plan. However, final implementation of this cleanup plan was delayed by continuing litigation over liability and cleanup issues.

Center Credit Service Union In January 2003, after a 16-day trial, the federal court found that the Metal Bank defendants were liable for the site cleanup, crediting the government's "considerable evidence" of actual or threatened releases of hazardous substances from the site. The court found that this evidence showed that contaminants are migrating into the Delaware River and nearby mudflats, "a relatively undisturbed and environmentally sensitive area, providing an attractive habitat for a wide variety of aquatic organisms, including plant life, invertebrates, fish and birds."

Card Credit Service Wireless After the corporate Metal Bank defendants filed a Chapter 11 bankruptcy petition in May 2003, EPA reached a settlement with these defendants requiring them to pay up to $13.23 million to fund the site cleanup.

Credit Security Service Union The settlement announced today involving both the individual Metal Bank defendants (Irvin Schorsch and John Schorsch) and the utilities, requires the utilities to implement a comprehensive cleanup of the site, at an estimated cost of $18 million.

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