EPA v. NORTH LANDING LINE

Case summary

THIS IS A REFERRAL LITIGATION REPORT UNDER SECTIONS 106(B), 107(A) AND 107(C)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606(B), 9607(A) AND 9607(C)(3). THE CLAIM IS FOR RECOUPMENT OF APPROXIMATELY $1,758,653.51 FROM SEVEN POTENTIALLY RESPONSIBLE PARTIES WITH RESPECT TO MONIES SPENT BY EPA FOR RESPONSE ACTIONS DUE TO THE RELEASE OF A HAZARDOUS SUBSTANCES, INCLUDING POLYCHLORINATED BIPHENYLS (PCBS), AT THE SUTTON ENTERPRISES SITE ( THE SITE ). IT ADDITIONALLY SEEKS DECLARATORY JUDGMENT UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. SECTION 9613(G)(2) AND FOR LIABILITY FOR FUTURE COSTS TO BE INCURRED AT THE SITE, 28 U.S.C. SECTION 2201. THE SUTTON ENTERPRISES SITE IS A FORMER TRANSFORMER DIS- MANTLING AND SALVAGE FACILITY, APPROXIMATELY 800' X 800' IN SIZE. IT IS LOCATED AT 1067 ALEXANDER LANE IN CHESAPEAKE, VA. AND IS BORDERED BY ALEXANDER LANE ON THE SOUTHEAST, AN OFFICE BUILDING ON THE SOUTHWEST, A THICKLY WOODED AREA ON THE NORTHEAST. APPROXIMATELY 114 PEOPLE IN 30 RESIDENCES RESIDE WITHIN A QUARTER MILE RADIUS OF THE SITE. THE SITE IS NOT RANKED ON THE NATIONAL PRIORITIES LISTS NOR HAS IT SCORED UNDER THE HAZARD RANKING SYSTEM AT THE TIME OF THE REMOVAL ACTION. A VIRGINIA PRELIMINARY ASSESSMENT ( VAPA ) OF THE SITE WAS CONDUCTED BY THE COMMONWEALTH OF VIRGINIA AND A FINAL REPORT WAS ISSUED AND APPROVED BY EPA ON JUNE 12, 1993. THE COMMONWEALTH OF VIRGINIA ALSO CONDUCTED A VIRGINIA SCREENING SITE INSPECTION ( VASSI ) OF THE SITE, AND ISSUED A REPORT DATED NOVEMBER 5, 1993. EPA APPROVIED THIS VASSI ON MARCH 28, 1994. THE CONTAMINANTS OF CONCERN AT THE SITE WERE PRIMARILY PCBS, AROCLORO-1242 AND AROCLOR-1260. OTHER CONTAMINANTS (ARSENIC, ANTIMONY, CADMIUM AND COPPER AND SEVERAL POLYNUCLEAR HYDROCARBONS) ARE DISCUSSED IN THE VASSI AND IN SECTION VI. A. OF THE REFERRAL EPA INITIATED AN ON SITE REMOVAL ACTION ON OCTOBER 11, 1990 AND REMAINED ON SITE UNTIL JUNE 17, 1991. REMOVED FROM THE SITE WAS 2,306,025 KILOGRAMS OF PCB CONTAMINATED SOIL, 79 DRUMS OF FLAMMABLE SOLVENTS AND 4, 230 GALLON OF PCB CONTAMINATED OIL.

Defendants (7)

• FUTURE FIRST ASSOCIATESNamed in complaintNamed in settlement
• JACOBSON METALNamed in complaintNamed in settlement
• JOHNATHAN HARRISNamed in complaintNamed in settlement
• NEWPORT NEWS NAVAL SHIPYARDNamed in complaintNamed in settlement
• NORTH LANDING LINE COMPANYNamed in complaint
• SUTTON ENTERPRISES
• WILLIAM HESTERNamed in complaintNamed in settlement

Facilities (1)

• SUTTON ENTERPRISES

  1067 ALEXANDER LANE, CHESAPEAKE, VA, 23320

  Registry ID: 110009347590

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 107C3 — Treble Damages
• CERCLA 106B — Superfund

Enforcement conclusions (1)

• SUTTON ENTERPRISESentered 1998-05-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-10-01Enforcement Action Data Entered
• 1996-09-20Referred To Dept Of Justice
• 1996-11-04Complaint Filed With Court
• 1998-05-26Final Order Lodged
• 1998-05-26Final Order Entered
• 1999-10-06Concluded
• 1999-10-06Enforcement Action Closed