# PESSES COMPANY (S'WEST) (THE)
> **Judicial** · FY1990 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `35001`
- **Case Number:** 06-1990-0022
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $2.46M
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ASARCO INC. AND FEDERATED METALS CORP. (complaint) (settlement)
- CUTLER-HAMMER, INC. (complaint) (settlement)
- DREYFUSS METAL CO. (complaint) (settlement)
- E.I. DUPONT DE NEMOURS & CO. (complaint) (settlement)
- EATON CORP. (complaint) (settlement)
- EVEREADY BATTERY CO., INC. (complaint) (settlement)
- GENERAL ELECTRIC CO. (complaint) (settlement)
- GULF METALS IND., INC. (complaint) (settlement)
- GULTON IND., INC. (complaint) (settlement)
- MARATHON POWER TECHNOLOGIES (complaint) (settlement)
- MARVIN PESSES (BANKRUPTCY)
- MATSUSHITA ELECTRIC D/B/A PANASONIC IND. (complaint) (settlement)
- METALLON HOLDINGS CORP. (complaint) (settlement)
- MOTOROLA, INC. (complaint) (settlement)
- PESSES COMPANY (SO. WEST) (THE)_(BNKRPCY
- SHEREX CHEMICAL COMPANY (complaint) (settlement)
- STEELMET, INC. (complaint) (settlement)
- TEX TIN CORP. (complaint) (settlement)
- U.S. AIR FORCE (complaint) (settlement)
- UNIVERSAL METAL & ORE COMPANY INC. (complaint) (settlement)
- VARTA BATTERIES, INC. (complaint) (settlement)
## Summary

06/28/90:  SYNOPSIS OF THE CASE:  THIS IS A REFERRAL       LITIGATION REPORT UNDER SECTION 107 OF THE COMPREHENSIVE     ENVIORNMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF    1980 AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZ-  ATION.  THE  PESSES COMPANY(S'W) FACILITY IN FT WORTH, TX    WHICH RECLAIMED CADMIUM FROM USED NICKEL CADMIUM BATTERIES   AND OTHER CADMIUM WASTES.  IT IS UNCLEAR WHEN THE FACILITY   STARTED OPERATIONS, BUT THE EVIDENCE PLACES THE APPROXIMATE  DATE AS JULY 1979.  THE COMPANY OPERATED FOR SEVERAL MONTHS  PRIOR TO APPLYING FOR A CONSTRUCTION PREMIT FROM THE TEXAS   AIR CONTROL BOARD TO BUILD THE FACILITY AND NEVER OBTAINED   AN OPERATING PERMIT FROM THE TACB.  CITY OF FT WORTH RECORDS INDICATE THAT THE FACILITY HAS NOT BEEN IN OPERATION SINCE   MAY 1981, ALTHOUGH MATERIAL HAS CONTINUED TO BE MOVED IN AND OUT OF THE FACILITY AS LATE AS THE FALL OF 1982. EPA CON-    DUCTED AN EMERGENCY REMOVAL ACTION AT THE SITE IN 1983 RE-   MOVING BARRELS FOR OFFSITE DISPOSAL AND CAPPING OF CONTAMIN- ATED SOILS.                                                  REMEDIAL ACTIVITY COMMENCED ON 1/20/92. REMEDIAL ACTIVITY    WAS ACCOMPLISHED IN SEPT. 1992. NEGOTIATIONS WITH A GROUP OF GENERATOR PRPS HAS BEEN ONGOING SINCE 1989. A SETTLEMENT HAS BEEN REACHED BETWEEN EPA, THE STATE OF TEXAS, SEVERAL PRI-   VATE PRPS AND THE U.S. AIR FORCE WHICH WILL RESULT IN EPA    AND THE STATE RECOVERING 100% OF PAST COSTS OF $2.6 MILLION  AT THE SITE. PREJUDGMENT INTEREST IS N

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