EPA v. H W WAGELEY, INC

Case summary

ON SEPTEMBER 28, 1998, EPA FORWARDED A CIVIL LITIGATION REPORT WITH RESPECT TO A CIVIL ACTION UNDER THE CERCLA SECTION 107 AND 113 CONCERNING THE CHARLES TOWN COAL TAR SITE IN THE CITY OF CHARLES TOWN, JEFFERSON COUNTY, WEST VIRGINIA. THIS ACTION STEMS FROM, INTER ALIA, EPA'S OVERSIGHT OF A REMOVAL CLEANUP ACTION PERFORMED AT THE SITE FOR WHICH EPA INCURRED RESPONSE COSTS IN EXCESS OF $104,237. $104,237.92. EPA RECOMMENDED THAT THE ACTION BE FILED AGAINST MR. ROGER J. PERRY, MR. WILLIAM C. PERRY, MS. MARY B. SMITH ( PERRYS ) AND H.W. WAGELEY, INC (FORMERLY SUPERTANE GAS CORPORATION.) FROM ABOUT THE LATE 1800'S UNTIL 1953, THE SITE WAS UTILIZE BY SEVERAL ENTITIES AS A FACILITY FOR COAL-GAS GENERATION OPERATIONS. THE COAL-GAS GENERATION PROCESS INVOLVED PLACING COAL INTO AN OVEN AT HIGH TEMPERATURES, SPRAYING A LIGHT OIL MIXTURE ON THE COAL, AND COLLECTING THE EVOLVED GASES INTO A FLOATING ROOF STORAGE TANK (FRST). THE COAL- TAR RESULTING FROM THESE OPERATIONS WHICH AS DISPOSED AT THE SITE CONTAINED A NUMBER OF HAZARDOUS SUBSTANCES, INCLUDING NAPHTHALENE AND SEVERAL POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS), WHICH WERE ESPECIALLY PREVALENT IN SITE-SOILS NEAR THE LEAKING FRST. THE CHARLES TOWN GAS COMPANY INC (SUPERTANE GAS CORPORATION'S PREDECESSOR) USED THE FRST FROM THE TIME OF ITS INCORPORATION IN 1948 UNTIL 1953. IN OCTOBER 1965, TITLE TO THE SITE PROPERTY WAS CONVEYED BY THE CHARLES TOWN GAS COMPANY TO THE PERRYS. AT THE TIME OF SALE TO THE PERRYS, ALL THAT REMAINED OF THE COAL-TAR OPERATION WAS THE FRST. THE PERRYS ALLEGEDLY DID NOT CONDUCT ANY OPERATIONS ON THE SITE AND REMAIN THE CURRENT OWNERS TODAY. IN 1988, A COAL-TAR SUBSTANCE WAS ENCOUNTERED BY WORKERS INSTALLING A NEW SEWER LINE; ONE WORKER REQUIRED MEDICAL ATTENTION AFTER COMING IN CONTACT WITH THE MATERIAL. IN 1989, AT THE REQUEST OF WVDNR, EPA PERFORMED A SITE ASSESSMENT. EPA'S CONTRACTOR OBSERVED AREAS OF BLACK STAINED SOIL AROUND THE BASE OF THE STORAGE TANK AND NUMEROUS SMALL LEAKS ON THE TANK. EPA'S SOIL SAMPLES SHOWED THE PRESENCE OF SIGNIFICANT LEVELS OF HAZARDOUS SUBSTANCES ASSOCIATED WITH COAL TAR. EPA'S TAT PERFORMED A STRUCTURAL INTEGRITY ASSESSMENT OF THE FRST AND CONCLUDED THAT IT SHOULD BE TAKEN OUT OF SERVICE IMMEDIATELY. IN FEBRUARY 1990, THE REGIONAL ADMINISTRATOR APPROVED A REQUEST FOR REMOVAL ACTION BASED ON THE SOIL CONTAMINATION AND THREAT OF RELEASE FROM THE FRST. ON JUNE 1, 1990, EPA ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) WITH SUPERTANE GAS CORPORATION TO CONDUCT A TWO-PHASE REMOVAL ACTION REQUIRING DISPOSAL OF THE CONTENTS OF THE TANK AND TREATING AND/OR DISPOSING OF CONTAMINATED SOIL. IN JANUARY 1992, EPA ISSUED A UNILATERAL ADINISTRATIVE ORDER (UAO) TO THE PERRYS REQUIRING THEIR PARTICIPATION IN PHASE II OF THE REMOVAL ACTION AND COMPLETION OF THE REMAINING SITE ACTIVITIES SITE. ON MAY 15, 1997, EPA CERTIFIED THE RESPONDENTS' COMPLETION OF THE REMOVAL ACTION PLAN. EPA DOES NOT EXPECT TO CONDUCT ANY ADDITIONAL RESPONSE ACTIONS AT THE SITE AT THIS TIME.

Defendants (4)

• H W WAGELEY, INC.Named in complaintNamed in settlement
• PERRY, ROGER, J.Named in complaintNamed in settlement
• PERRY, WILLIAM, C.Named in complaintNamed in settlement
• SMITH, MARY, B.Named in complaintNamed in settlement

Facilities (1)

• CHARLES TOWN COAL TAR

  WEST CONGRESS ST, CHARLESTON, WV, 25301

  Registry ID: 110010620729

Statutes cited

• CERCLA 113 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• H W WAGELEY, INC. ET. AL.entered 2000-01-13

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-09-30Referred To Dept Of Justice
• 1998-10-01Enforcement Action Data Entered
• 1999-10-28Final Order Lodged
• 1999-10-28Complaint Filed With Court
• 2000-01-13Final Order Entered