Plaintiff, Defendants.

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO MALITOVSKY COOPERAGE COMPANY; MALITOVSFrY DRUM CORPORATION; Charlotte Mallet, in her representative capacity as an Executor of the Estate of Sidney Mallet; Jeffrey Mallet, in his representative capacity as an executor of the Estate of Sidney Mallet; USX CORPORATION; ARISTECH CHEMICAL CORPORATION; RANBAR TECHNOLOGY INC., BALL CHEMICAL COMPANY; PPG INDUSTRIES, INC.; ARMCO STEEL CORPORATION; CONOCO, INC.; AMERICAN CHEMSOL CORPORATION; Defendants. COMPIAIKT Plaintiff, United States of Am jrica, by and at the request of the Administrator of the United States Environmental Protection Agency (*EPA*) alleges the following: 1. This is a civil action brought pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. 9607(a), for nicovery of costs incurred and to be incurred by the United State«in responding to the release and threatened release of hazardous substances from a facility located in an industrial/residential area in Pittsburgh, Pennsylvania ("Malitovsky Druia Site* or "Site"),

2 - 2 - JURISDICTION AND VENUE 2. This Court has jurisdiction pursuant to 28 U.S.C and 42 U.S.C and 9613(b), 3. This action involves the release and threatened release of hazardous substances from the Malitovsky Drum Site, which is located in Allegheny County within the Western District of Pennsylvania. Venue is properly in this Court pursuant to 28 U.S.C. 1391(b) and 42 U.S.C. 9613(b). DEFENDANTS 4. Malitovsky Cooperage Corporation ("MCC") is a corporation organized and existing under the lavs of Pennsylvania. MCC operated, from 1950 through 1981, the Malitovsky Drum Site ("Site*), a facility located at 3600 Smallman Street, Pittsburgh, Pennsylvania. MCC operated a barrel cleaning and reconditioning business at the Site during the 1950 through 1981 period. During that time, hazardous substances were disposed of at the Site. 5. Malitovsky Drum Corporation ( -rmdc -r ) is a corporation organized and existing under the laws of Pennsylvania. MDC owns the Malitovsky Drum Site, and has owned the Site since October 7, During the period 1981 through 1982, MDC operated a chemical waste storage facility at the Site. During the period when MDC operated the Site, hazardous substances were disposed of there. 6. Sidney Mallet, deceased, was a resident of Allegheny County, Pennsylvania, and was the president of

3 - 3 - Malitovsky Cooperage Company ("MCC*) from December 5, 1950, throughout the operating life of MCC. On September 30, 1981, MCC filed for protection from its creditors under Chapter 7 of the Bankruptcy Code, II U.S.C. 701, et seq. MCC was liquidated in bankruptcy, and its bankruptcy action has been closed. During the operating life of MCC, Mr. Mallet was a shareholder of MCC, oversaw the day-to-day operations of MCC, and personally arranged for the disposal of hazardous substances at the Malitovsky Drum Site. Mr. Mallet owned the Sit* from , a period during which hazardous substances were disposed of at the Site. 7. Sidney Mallet, deceased, was also the president of MDC from October 7, 1981, until his death in June, Mr. Mallet was a shareholder of MDC, oversaw the day-to-day operations of MDC, and personally arranged for the disposal of hazardous substances at the Malitovsky Drum Site. / 8. Sidney Mallet, if alive, would be liable under Section 107(a) (2) of CERCLA, 42 U.S.C. 9607(a)(2), as a former owner and operator of the Malitovsky Drua Site. 9. Charlotte Mallet is a resident of Allegheny County, Pennsylvania. Sh<» is an executress of the estate of Sidney Mallet, and is being sued only in her representative capacity. 10. Jeffrey Mallet is a resident of Allegheny County, Pennsylvania. He is an executor of the estate of Sidney Mallet, and is being sued only in his representative capacity. 11. The estate of Sidney Mallet is being probated in the Orphans' Court of Allegheny County, Pennsylvania.

4 USX Corporation ("USX") is a corporation organized and existing under the laws of Delaware, with its principal place of business in Pittsburgh, Pennsylvania. USX is a continuation of United States Steel Corporation ("U.S. Steel*), in that U.S. Steel changed its name to USX Corporation in 1986, but kept identical officers, directors, and stock. USX retains all liabilities under CERCLA for the past activities of U.S. Steel. /~ At various times during the period 1950 through 1982, U.S. Steel by contract, agreement, or otherwise, arranged for disposal or i- treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from U.S. Steel were delivered to, stored at and disposed of at the Malitovsky Drum Site beginning in about / and continuing through about \ Prior to the United States' response action, hazardous substances generated by U.S. Steel and disposed of at the Site were present in the environment at the Site, and were being released and were threatening to be released from the Site. 13. ArLateen Chemical Corporation (*Aristech*) is a corporation organized and existing under the laws of the State of Delaware, with itis principal place of business in Pittsburgh, Pennsylvania. On or about October 14, 1986, pursuant to a Reorganization Agreement, Aristech purchased all or most of the assets of the USS Chemicals Division of USX Corporation. Prior to the name change of U.S. Steel to USX Corporation, the USS

5 - 5 - Chemicals Division was known as "U.S. Chemicals.* Pursuant to the Reorganization Agreement, Aristech agreed to assume all liabilities under CERCLA for the past activities of the USS Chemicals Division operations transferred to Aristech. At various times during the period 1950 through 1982, U.S. Chemicals (at operations tremsferred in 1986 to Aristech), by contract, agreement or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from U.S. Chemicals were delivered to, stored at and disposed of at the Malitovsky Drum Site during the period 1950 through Prior to the United States'' response action, hazardous substances generated by U.S. Chemicals and disposed of at the site were present in the environment at the Site, and were being released and were threatening to b«released from the Site. 14. Ranbar Technology, Inc., ("Ranbar*) is a corporation organized and existing under th<» law» of the Commonwealth of Pennsylvania. Ranbar wa«incorporated September 27, On or about October 15, 1984, Ranbar purchased most, or all, of the asiiets of Ball Chemical Company, then a corporation organized and existing under th«laws of the Commonwealth of Pennsylvania. Subseguent to the transaction, Ball Chemical Company changed its nam«to B.B.T., Inc. B.B.T., Inc.; dissolved on July 23, 1985.

6 - 6 - / ^15. On or about October 15, 1984, Ranbar commenced trading as Ball Chemical Company, and continues to trade as Ball Chemical Company ("Ball*). Ranbar conducts its business at the same location as did Ball, and retained product lines and employees of Ball. William Huddleston, a supervisor for Ball, is and has been since October 1, 1984, the vlc< president and treasurer of Ranbar. Ranbar purchased th«i good will and contract obligations of Ball, and retained Ball's customers following its purchase of Ball's assets. 16. At various times during the period 1950 through 1982, Ball Chemical Company, by contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from Ball were delivered to, stored at and disposed of at the Malitovsky Drum Site during the period 1950 through Prior to the United States' response action, hazardous substances generated by Ball and disposed of at the Site were present in the environment at the Site, and were being released and were threatening to be released from the Site. 17. Ranbar is a continuation of Ball, or there was a de facto merger of Ball into Ranbar. Ranbar is the corporate successor to Ball, and has succeeded to all liabilities under CERCLA for the past activities of Ball.

7 PPG Industries, Inc., ( 'PPG*') is a corporation organized and existing under the laws of Delaware, with its principal place of business in Pittsburgh, Pennsylvania. At various times during the period 1950 through 1982, PPG by contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from PPG were delivered to, stored at and disposed of at the Malitovsky Drum Site beginning during the 1950's and continuing through Prior to the United States' response action, hazardous substances generated by PPG and disposed of at the site were present in the environment at the Site, and were being released and were threatening to be released from the Site. 19. Armco Steel Corporation ("Armco*) is a corporation organized and existing under the laws of Ohio, with its principal place of business in Middletown, Ohio. At various times during the period 1950 through 1982, Armco by contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from Armco were delivered to, stored at and disposed of at the Malitovsky Drum Site during the period 1950 through Prior to the United States' response action, hazardous substances generated by

8 - 8 - Armco and. disposed of at the Site were present in the environment at the Site, and were being released and were threatening to be released from the Site. 20. Conoco, Inc., ("Conoco*) is a corporation organized and existing under the laws of Delaware, with its principal place of business in Wilmington, Delaware. At various times during the period 1950 through 1982, Conoco by contract, agreement, or oth»rwise, arranged for disponal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it, at facilities owned or operated by parties other than itself. Such hazardous substances from Conoco were delivered to, stored at and disposed of at the Malitovsky Drum Site during the period 1950 through Prior to the United States' response action, hazardous substances generated by Conoco and disposed of at the site were present in the environment at the Site, and were being released and were threatening to be released from the Site. 21. American Chemsol Corporation (*AC*) is a corporation organized and existing under the laws of Pennsylvania, with its principal place of business in Coraopolis, Pennsylvania. At various times during the period 1950 through 1982, AC by contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by it at facilities owned or operated by parties other than itself. Such hazardous substances from AC were delivered to,

9 - 9 - stored and disposed of at the Malitovsky Dram Site during the period Prior to the United States' response action, hazardous substances generated by AC and disposed of at the Site were present in the environment at the Site, and were being released and were threatening to be released from the Site. GENERAL ALLEGATION 22. The Malitovsky Drum Sit* is located at 36th and Smallman Streets in Pittsburgh, Pennsylvania. From 1950 through 1981, the Malitovsky Cooperage Company (*MCC*) operated a drum reconditioning business at the Site. ymcc received drums from, inter alia, the defendants described above, disposed of the hazardous substances contained in the drums on-site, cleaned the drums, returned some drums to their owners, and resold others. 23. From October, 1981, through 1982, the Malitovsky Drum Corporation (*MDC*) operated a hazardous waste storage and disposal operation at the Malitovsky Drum Site. MDC received full or partially full drums containing hazardous substances from, inter alia, defendants described above. Hazardous substances contained in the drums were either dumped on-site or abandoned there by MDC. J 24. Approximately 1,000 people reside and work within one-quarter mil* of the Site. -^~ < 25. In November, 1983, the Pennsylvania Department of \ Environmental Resources (*PADER*) identified over 1,000 drums at the Site in various stages of deterioration. As a result of subsequent investigations of its own, EPA determined on or about

10 August 8, 1984, that the Site posed a threat: of fire and explosion to the surrounding community. At or about this time, the Pittsburgh Fire Department certified that the Site posed a major threat of fire and explosion. 26. EPA determined, through soil and drum sampling in 1984, that the following hazardous substances had been disposed of and were present on-site: toluene, ethylbenzene, tetrachloroethylene, methyl isobutyl ketone, chloroform, 1,1 dichloroethylene, lead, cyanide, trichloroethylene, 1,1,1 tetrachloroethylene, methyl ethyl ketone, chromium, polychlorinated biphenyls (*PCB*) and asbestos. 27. From August 28, 1984, through October 22, 1984, EPA cleaned up and disposed of, inter ajlla, 1052 drums contaminated with various chemicals, six (6) drums of PCB contaminated materials, three (3) drums of asbestos material, sixty-four (64) drums of flammable solid material, twenty-four (24) additional drums of flammable liquids or solids. Some or all of these materials, and others, contained hazardous substances. 28. EPA ia investigating whether or not the Site should be placed on the National Priorities List (*NPL*), 42 U.S.C. 9605, and whether further response action should be undertaken at the Site. 29. To date the United States has expended in excess of $1,024,212 on response activities taken in connection with the Malitovsky Drum Site. The United States continues to incur

11 response costs through its enforcement efforts to recover moneys expended in connection with its response aictions at the Site. CLAIM TOR RELIEF 30. The allegations of paragraphs 1 through 29 are realleged and incorporated herein by reference. 31. There was a "release* or "threatened release," as defined at 42 U.S.C. 9601(22), of "hazardous substances," as defined at 42 U.S.C. 9601(14), from the Malitovsky Drum Site, including but not limited to the hazardous substances listed in paragraph 26 above. 32. Toluene, ethylbenzene, tetrachloroethylene, methyl isobutyl ketone, chloroform, 1,1 dichloroethylene, lead, cyanide, trichloroethylene, 1,1,1 tetrachloroethylene, methyl ethyl ketone, chromium, PCBs, and asbestos are '"hazardous substances" within the meaning of Section 101(14) of CERCLA, 42 U.S.C. 9601(14). 33. The Malitovsky Drum Site is a "facility* within the meaning of Section 101(9) of CERCLA, 42 U.S.C. 9601(9). 34. Prior to and during EPA's response action at the Malitovsky Drum Site there were actual releases or threatened releases of a hazardous substance into the environment at and from the Site within the meaning of Sections 101(22) and 107(a) of CERCLA, 42 U.S.C. 9601(22) and 9607(a). Investigation is continuing into whether there presently exist such actual or threatened releases.

12 The term "response* is defined in Section 101(25) of CERCLA, 42 U.S.C. 9601(25), to mean '"remove, removal, remedy, and remedial action; all such terms (including the terms 'removal' and 'remedial action') include enforcement activities related thereto." 36. The United States has incurred response costs, including the costs of removal actions, an defined in Section 101(23) and (25) of CERCLA, 42 U.S.C. 9601(23) and (25), and authorized by Section 104 of CERCLA, 42 U.S.C. 9604, to respond to the release or threatened release of hazardous substances at the Malitovsky Drum Site. 37. The United States will incur in the future response costs, including the costs of removal and/or remedial actions, as defined in Section 101(23), (24) and (25) of CERCLA, 42 U.S.C. S 9601(23), (24) and (25), and authorized by Section 104 of CERCLA, 42 U.S.C. 9604, to respond to the release or threatened release of hazardous substances at the Malitovsky Drum Site. 38. Th«response costs were incurred and will be incurred by the United States in a manner not inconsistent with the National Contingency Plan, 40 C.F.R. Part Each of the defendants named herein is a "oerson.* as defined in 42 U.S.C. 9601(21). 40. Defendants are jointly and severally liable to the United States under Section 107(a) of CERCLA, 42 U.S.C.

13 (a) t for all response costs incurred by the United States in connection with the Malitovsky Drum Site, and for all response costs the United States will incur in the future in connection with the Cherry Street Site. PRAYER FOR RELIEf WHEREFORE, Plaintiff demands judgment against the defendants for the amount of the costs of the response actions already incurred, and a declaratory judgment (pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. 9613(g)(2), and binding on any subsequent action or actions by the United States to recover further response costs) that the defendants are liable for the costs of any such response actions to be incurred at the Site by the United States, not inconsistent with the National Contingency Plan. Plaintiff further demands judgment against defendants for interest, litigation and investigative costs, and such other relief as the Court deems appropriate. Respectfully submitted, RICHARD B. STEWART Assistant Attorney General Land and Natural Resources Division

14 rid E. STREET Attorney Environmental Enforcement Section Land and Natural Resources Division U.S. Department of Justice Washington, DC (202) OF COUNSEL: CHARLES D. SHEEHY Acting United States Attorney Western District of Pennsylvania 633 USPO & Courthouse 7th Avenue A Grant Street Pittsburgh, PA rffcyau^ AMY/5EYKOLDS 3S HAY... /7 United S±fates Attorney Western District of Pennsylvania JOHN M. BARTH Office of Regional Counsel N U.S. Environmental Protection Agency Region III / 841 Chestnut Building Philadelphia, Penrisyvlania 19107