EPA v. GUYTON, CHARLES

Case summary

THIS IS A COST RECOVERY CASE PURSUANT TO CERCLA SEDTION 107(A) AND 113 AGAINST 4 PRPS FOR RESPONSE COSTS INCURRED BY EPA AT THE C&R BATTERY SITE IN CHESTERFIELD COUNTY, VIRGINIA. EPA ALSO SEEK A DECLARATORY JUDGMENT. THE C&R BATTERY SITE WAS FORMERLY A BATTER-SAWING AND SHREDDED FACILITY. AS A RESULT OF THESE OPERATIONS, THE SITE WAS CONTAMINATED WITH HIGH LEVELS OF VARIOUS METALS, INCLUDING SOIL AND GROUNDWATER CONTAMINATION. THE SITE IS ON THE NPL. THE DEPARTMENT OF JUSTICE ORIGINALLY FILED AN ACTION IN THIS MATTER IN APRIL OF 1995. HOWEVER, THE COMPLAINT WAS WITHDRAWN WITOUT PREJUDICE SO THAT THE PARTIES COULD PROCEED WITH AN ALLOCATION PILOT PROJECT CONSISTENT WITH CERCLA REAUTHORIZATION LEGISLATION. EPA WAS ABLE TO REACH SETTLEMENT WITH MANY PRPS. HOWEVER, IT WAS NOT ABLE TO RESOLVE THE MATTER WITH 4 PRPS, INCLUDING THE SITE OPERATOR, CHARLES L. GUYTON. THEREFORE, EPA REQUESTED THAT DOJ FILE A CERCLA COST RECOVERY ACTION AGAINST THESE PARTIES TO RECOVER APPROXIMATELY $3.9 MILLION IN RESPONSE COSTS. IT SHOULD BE NOTED THAT THIS AMOUNT MAY BE REDUCED BY OTHER POSSIBLE SETTLEMENTS THAT WERE PENDING AT THE TIME OF EPA'S REFERRAL OF THIS MATTER TO DOJ.

Defendants (4)

• BATTERY BARN OF VIRGINIA, INC.Named in complaint
• CUNNINGHAM, DAVID (BATTERY BARN)Named in complaintNamed in settlement
• GUYTON, CHARLESNamed in complaint
• WHARTON, RICKY (WHARTON ENTERPRISES)Named in complaintNamed in settlement

Facilities (1)

• C & R BATTERY INC SUPERFUND SITE

  1320 BELLWOOD ROAD, RICHMOND, VA, 23234

  Registry ID: 110008183198

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CUNNINGHAM, DAVID & WHARTON, RICKYentered 1999-11-29

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-03-22Referred To Dept Of Justice
• 1999-03-26Complaint Filed With Court
• 1999-08-06Enforcement Action Data Entered
• 1999-08-31Final Order Lodged
• 1999-11-29Final Order Entered