The Herald, Sharon, Pa.

Local News

January 5, 2008

Trinity Industries wants to inspect site for hazardous waste

GREENVILLE — Trinity Industries Inc. wants to inspect its former railcar plant site in Greenville for hazardous materials, but the current property owner has refused to give its permission.

Trinity filed a motion Dec. 26 in U.S. District Court, Pittsburgh, for a judge to order no later than Feb. 1 that an environmental consultant be granted access to the property on their behalf.

Commerce Park of Greenville Inc., which owns the land and has been sued by Trinity, filed a response Wednesday asking the court to deny Trinity’s request.

In early 2006, Trinity was charged by the state Attorney General’s office for illegally dumping hazardous waste on the property at 60 Union St.

A plea agreement was reached in December 2006 and Trinity was ordered to clean up the site and pay $254,502 in fines and court costs and make a $50,000 contribution to nonprofit organizations in Mercer County, all of which have been paid.

In 2004, Commerce Park bought Trinity’s north plant and has since been demolishing buildings and structures on the property for future development.

In June, Trinity sued the park and William E. Marsteller, the park’s officer and director, claiming they are also responsible for helping with the cleanup because they released hazardous materials including asbestos during demolition.

The lawsuit also claims the park purchased the property from Trinity as is with all faults. The park’s response to the lawsuit said the park and Marsteller aren’t liable for hazardous materials found at the site and not responsible for helping Trinity with the cleanup.

The response also said the park agreed to be responsible for any problems on the surface of the property, not anything underground, such as contaminants.

During a Nov. 26 court proceeding, Commerce Park denied Trinity access to the property and U.S. District Court Judge Donald E. Ziegler directed Trinity to file a motion to enter and inspect the land.

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