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$________ EPA – Environmental Cleanup – Energy companies sued for toxic scrap site – Lead and PCB contamination

U.S.D.C., W VA

In this action, state and federal authorities pursued action against two energy companies for soil and water contamination. The matter was resolved through a consent decree.

The defendants, Appalachian Power Company and Kingsport Power Company, are two Virginia-based companies doing business as American Electric Power. The Twin Cities Iron and Metal Site – the site at issue in this action, comprises 12 acres of land in Bristol, Virginia, bordering Beaver Creek to the west and south. From ________ until ________, the site was operated as a scrap metal and iron yard by Poor Charlie and Company, as well as its predecessors. During that period, the ground was used for scrapping and disposal of batteries and transformers containing lead, as well as oil from scrapped transformers containing polychlorinated biphenyls (PCBs). As a result of these operations, the ground and nearby creek became contaminated by both lead and PCBs, requiring substantial soil removal and other cleanup. The United States incurred, as of this filing, at least $________ in unreimbursed response costs relating to the cleanup of the site.

The United States of America, by authority of the Attorney General of the United States and on behalf of the Administrator of the United States Environmental Protection Agency, filed suit in the U.S. District Court for the Western District of Virginia. The plaintiffs named as defendants, Appalachian Power Company and Kingsport Power Company, whose liability they asserted for their allegedly having taken no steps to prevent disposal of contaminants contained in scrap sold to Poor Charlie. The United States sought recovery of costs incurred in response to the release or threatened release of hazardous substances into the environment at or from the Twin Cities Iron and Metal Site. They further sought declaratory judgment that defendants are jointly responsible and severally liable for any future response costs incurred by the United States in connection with the site.The matter was resolved through a consent decree for $________ to be paid to the Environmental Protection Agency.

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