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U.S. Department of Energy
Office of Scientific and Technical Information

Third party Superfund lawsuit defense influenced by the choice of remediation method

Conference ·
OSTI ID:113244
;  [1]
  1. Graef, Anhalt, Schloemer and Associates, Milwaukee, WI (United States). Environmental Services Division

Paper Company A was sued in a third party action suit initiated by a local utility who was a potential responsible party (PRP) to a contaminated site regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) program. In addition to Paper Company A, other parties to the third party suit included Paper Company B and Contractor C, a demolition contractor/waste hauler. Other PRPs included land owners where the contaminated debris was dumped, Mr. and Mrs. D. Based on background information, Paper Company A dumped coal ash, off quality feed stock, wood and trash north of the D-property. Paper Company B admitted dumping material north of the D-property. Samples of industrial sludges on the D-property had properties characteristic of the Paper Company B`s sludges. Paper Company B dumped ash, chromium contaminated gypsum sludge and other waste. The utility company dumped ash on the D-property. Contractor C hauled demolition debris to the D property. A third PRP, Company E was the original owner of the buildings that were demolished. This PRP settled with the EPA as part of a bankruptcy settlement. The hazardous substances encountered at the site included PCBs, chromium and lead in the coal ash, demolition debris and industrial sludges. Disposal of material containing hazardous substances resulted in PCB contaminated debris and sediment, and chromium and lead contamination in the sediment, soil and groundwater.

OSTI ID:
113244
Report Number(s):
CONF-940499--; ISBN 1-56590-014-6
Country of Publication:
United States
Language:
English