EPA v. CLARKE, L.A. AND SON INC.

Case summary

L.A. CLARKE & SON, INC. IS THE OWNER & OPERATOR OF A WOOD TREATING FACILITY IN FREDERICKSBURG, VA. DEF'S WHOLLY-OWNED SUBSIDIARY, SOUTHERN MARYLAND WOOD TREATING CORP., OWNS AND OPERATES A WOOD TREATING FACILITY IN HOLLYWOOD, MD. ON 12/12/82, EPA INITIATED A PRELIMINARY ASSESSMENT & SITE INSPECTION AT THAT SITE. THE SITE INSPECTION REVEALED THAT SEVERAL HAZARDOUS SUBSTANCES, POLLUTANTS & CONTAMINANTS ASSOCIATED W/WOOD TREATMENT OPERATION HAD BEEN RELEASED INTO THE SOIL, GROUNDWATER & SURFACE WATERS FROM THAT SITE. ON 3/11/83, DURING THE CONDUCT OF THE PRELIMINARY ASSESS- MENT & SITE INSPECTION AT THE SOUTHERN MD SITE, DEF FILED A, PETITION FOR REORGANIZATION UNDER CHAP 11. ON 3/23/83, EPA INITIATED A PRELIM. ASSESSMENT & SITE IN- SPECTION AT THE L.A. CLARKE SITE. THIS INSPECTION ALSO RE- VEALED THAT HIGH CONCENTRATION OF HAZARDOUS SUBSTANCES, POL- LUTANTS OR CONTAMINANTS COMMONLY ASSOCIATED W/WOOD TREATMENT HAD BEEN RELEASED FROM THE SITE INTO GROUNDWATER, SURFACE WATERS & SOILS. BOTH SITES HAVE BEEN INCLUDED ON THE NATIONAL PRIORITIES LIST. ON 10/25/84, EPA RECEIVED NOTIFICATION FROM L.A. CLARKE THAT EPA HAD BEEN ADDED TO THE SCHEDULE OF UNSECURED CREDI- TORS HAVING CLAIMS AGAINST L.A. CLARKE IN ITS REORGANIZATION PROCEEDING. BECAUSE THE SCHEDULE LISTED EPA'S CLAIM AS CONTINGENT & DISPUTED, IT WAS NECESSARY FOR EPA TO FILE A PROOF OF CLAIM WHICH WAS DONE ON 11/2/84. THE PROOF OF CLAIM & A SUPPORTING MEMORANDUM OF LAW REQUESTED PAYMENT OF $31,865.37 ALREADY EXPENDED BY EPA FOR ASSESSMENT, INSPEC- TION & SAMPLING AT THE 2 SITES & OF COSTS TO BE INCURRED BY EPA FOR FUTURE REMEDIAL ACTION AT THE SITES UNDER CERCLA. ON 3/12/85 THE ACTING REG ADMINISTRATOR APPROVED FUNDING IN THE AMOUNT OF $600,000 FOR AN IMMEDIATE REMOVAL ACTION AT THE SOUTHERN MD SITE. THIS INCLUDES SECURING THE SITE & CONDUCTING ADDITIONAL SAMPLING TO CONFIRM THE PRESENCE OF, & DEFINE THE POSSIBLE SCOPE OF, DIOXIN CONTAMINATION AT THE SITE. UNLESS L.A. CLARKE OR SOME RESPONSIBLE PARTY VOLUNTARILY ASSUMES RESPONSIBILITY FOR FUTURE RESPONSE ACTIONS AT THE 2 SITES, EPA PLANS TO UNDERTAKE SUCH ACTIONS USING FUND MONIES. FUTURE RESPONSE ACTIONS AT THESE SITES INCLUDE: 1) CONDUCT OF A REMEDIAL INVESTIGATION & FEASIBILITY STUDY ( RI/FS ) 2) SELECTION OF REMEDY; PREPARATION OF RECORD OF DECISION ( ROD ); AND 3) IMPLEMENTATION OF REMEDY; 4) OPERATION & MAINTENANCE.

Defendants (1)

• L. A. CLARKE & SON, INC. (DEBTOR)Named in complaintNamed in settlement

Facilities (1)

• L.A. CLARKE & SON

  ROUTE 608, SPOTSYLVANIA, VA, 22553

  Registry ID: 110009315561

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CLARKE, L.A. AND SON INC.entered 1987-03-04

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-10-25Referred To Headquarters
• 1984-10-31Referred To Dept Of Justice
• 1984-11-02Complaint Filed With Court
• 1987-03-04Final Order Lodged
• 1987-03-04Final Order Entered
• 1987-03-04Concluded
• 1991-05-06Enforcement Action Closed