EPA v. BOYCE, JOHN ET AL

Case summary

BIG JOHN'S SALVAGE, INC. IS THE OWNER & OPERATOR OF AN ACTIVE SCRAP METAL RECLAMATION FACILITY ON ROUTE 250 JUST NORTH OF FAIRMONT, W. VA. ON SEPTEMBER 8, 1982, THE W.VA. DEPT OF NATURAL RESOURCES (WVDER) CONDUCTED AN INSPECTION OF THE FACILITY AFTER RE- CEIVING A CITIZEN COMPLAINT ALLEGING BURIAL OF DRUMS AT THE SITE. ABOUT 200-300 DRUMS WERE FOUND ONTHE SURFACE OF THE S SITE, MANY CONTAINING UNKNOWN MATERIAL. DEAD VEGITATION AND OTHER EVIDENCE OF SPILLAGE WAS OBSERVED AROUND SOME DRUMS, AND CHEMICAL ODORS WERE DETECTED AT VARIOUS SPOTS AROUND THE FACILITY, INCLUDING AT A LEACHATE POOL, TWO DRUM STORAGE AREAS, AND A 500-GALLON STORAGE TANK. INITIAL SOIL SAMPLING REVEALED HIGH LEVELS OF PCB'S, UP TO 22,226 PPM. EPA DETERMINED THAT THE SITE POSED AN IMMEDIATE AND SUB- STANTIAL RISK TO HUMAN HEALTH AND THE ENVIRONMENT, AND A RESPONSE/REMOVAL ACTION WAS UNDERTAKEN PURSUANT TO SECTION 104 OF CERCLA. THE ACTION INCLUDED ON-SITE AND OFF-SITE SAMPLING (OF SOIL, DRUMS, AND WATER); EXCAVATION; REMOVAL OF DRUMS; AND REMOVAL OF CONTAMINATED SOIL AND REPLACEMENT WITH CLEAN FILL. THE TOTAL COST OF THE ACTION WAS $821,837.48.

Defendants (6)

• BOYCE, ESTA MAENamed in complaintNamed in settlement
• BOYCE, JOHNNamed in complaintNamed in settlement
• CONSOLIDATION COAL CO.Named in complaintNamed in settlement
• EASTERN GAS & FUEL ASSOCIATESNamed in complaintNamed in settlement
• MONONGAHELA POWER CO.Named in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORP.Named in complaintNamed in settlement

Facilities (1)

• RTE 250 SITE - BIG JOHN'S #2

  RTE 250, FAIRMONT, WV, 26554

  Registry ID: 110010713095

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (2)

• BOYCE, JOHN ET ALentered 1991-01-25

  Primary law: CERCLA

• STATE OF VA V. QUALITY INSURANCE COentered 1997-01-13

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-03-22Enforcement Action Data Entered
• 1984-03-22Referred To Headquarters
• 1984-05-02Referred To Dept Of Justice
• 1984-07-24Complaint Filed With Court
• 1991-01-25Concluded
• 1997-01-13Final Order Lodged
• 1997-01-13Final Order Entered
• 1997-04-28Enforcement Action Closed