EPA v. Antilles Gas Corp. (SB) et al.

Case summary

Seeking recovery of costs incurred and paid by EPA as well as any future response costs which will be paid by EPA in response to the release and threatened release of hazardous substances into the environment at the TC Waste Oil Superfund Site. The Site was discovered by an inspection performed by the Virgin Islands Department of Planning and Natural Resources (DPNR) in April 2003, when it was discovered that over the years, wastes removed from the business location at 100 Estate St. John to the Site. DPNR issued violation notices and abatement orders but they were not complied with. By letter dated September 6, 2005, it was requested the EPA evaluate the Site for removal eligibility. EPA performed a removal assessment at the Site between March 4 and March 12, 2007. At this time, the Site was estimated to contain between 90,000 and 100,000 gallons of used oil in various tanks, tankers and 55-gallon drums. Certain of the drums and tanks were observed to be leaking or overflowing. Stained soil was evident on the property in several locations. Samples collected were found to contain PCE concentrations as high as 110 parts per million (ppm) and lead concentrations as high as 904 ppm. In addition, fifteen (15) 55-gallon drums were filled with degraded floor tiles which had asbestos containing materials (ACM) that had become friable and hundreds of discarded lead-acid batteries were observed which presented an additional source of potential lead releases. EPA prepared an Action Memo dated September 20, 2007 which documented the need to take a removal action to address releases at the Site. During the spring and summer of 2008, EPA undertook a removal action at the Site and removed the used oil, batteries, floor tiles and associated contaminated soil. EPA is presently investigating the extent of the remaining contamination at the Site by conducting another removal site evaluation. It is anticipated that an additional response will be taken to remove contaminated soil that was not removed in 2008. On February 5, 2015, the U.S. District Court for the District of the Virgin Islands entered a consent decree under which 26 Settling Defendants and two settling federal agencies will reimburse EPA for $1,877,127 in Site-related past response costs. Many of the parties are making payments over time and will pay interest on the balance after the first payment.

Defendants (35)

• J.A.H. Auto Clinic and Car Rentals (SB)
• Air National Guard of the United StatesNamed in complaint
• Army National Guard of the United StatesNamed in complaint
• United States Air ForceNamed in complaint
• Antilles Gas Corp. (SB)Named in complaintNamed in settlement
• La Reine Service Station (SB)Named in complaintNamed in settlement
• Devcon International Corp.Named in complaintNamed in settlement
• Dan's Trucking and Removal (SB)Named in complaintNamed in settlement
• Cruzan Rum VIRILNamed in complaintNamed in settlement
• Coral World Ocean Park (SB)Named in complaintNamed in settlement
• Chico's Rental of Equipment (SB)Named in complaintNamed in settlement
• CarMar, Inc.Named in complaintNamed in settlement
• Bunkers of St. Croix, Inc.Named in complaintNamed in settlement
• The Buccaneer, Inc.Named in complaintNamed in settlement
• Bohlke International Airways, Inc.Named in complaintNamed in settlement
• Topa Equities VI Corp. (West Indies Company)Named in complaintNamed in settlement
• St. Croix Marine Corp.Named in complaintNamed in settlement
• Seaborne Virgin Islands, Inc.Named in complaintNamed in settlement
• Quality Electric Supply, Inc. (SB)Named in complaintNamed in settlement
• Paradise Waste Systems, Inc. (SB)Named in complaintNamed in settlement
• The Other End Enterprises, Inc. (SB)Named in complaintNamed in settlement
• Monarch Heavy Equipment (SB)Named in complaintNamed in settlement
• Metro Motors SC, Inc.Named in complaintNamed in settlement
• Merchant's Market of St. Croix, Inc. (SB)Named in complaintNamed in settlement
• Mackay Enterprises (SB)Named in complaint
• …and 10 more

Facilities (1)

• T.C. WASTE OIL FACILITY INC.

  NO. 1 ESTATE CARLTON, FREDERIKSTED, VI, 00840

  Registry ID: 110029529099

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Antilles Gas Corp. (SB) et al.entered 2015-02-05

  Primary law: CERCLA

Timeline (6 milestones)

• 2011-09-16Referred To Dept Of Justice
• 2011-09-19Enforcement Action Data Entered
• 2014-11-21Complaint Filed With Court
• 2014-11-21Final Order Lodged
• 2015-02-05Concluded
• 2015-02-05Final Order Entered