EPA v. ALLIED-PULASKI SITE

Case summary

IN PART ONE, THE ENVIRONMENTAL PROTECTION AGENCY ( EPA OR THE THE AGENCY ) REQUESTS THAT THE UNITED STATES DEPARTMENT OF JUSTICE ( DOJ ) ASSIST THE AGENCY WITH A COST RECOVERY ACTION IN CONNECTION WITH THE ALLIED-PULASKI SUPERFUND SITE ( SITE ), PURSUANT TO SECTIONS 107 AND 113 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9607 AND 9613. THE SIT EIS LOCATED IN THE TOWN OF PULASKI, PULASKI COUNTY, VIRGINIA. EPA HAS INCURRED AT LEAST $507,521.90 IN RESPONSE COSTS THROUGH JUNE 11, 2005, INCONNECTION WITH THE SITE. THE AGENCY REQUESTS TAHT DOJ FILE A COMPLAINT AGAINST OR REACH A SETTLEMENT OF EPA'S COST CLAIM WITH SIX (6) POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) AT THE SITE - HONEYWELL INTERNATIONAL INC (FORMER OWNER/OPERATOR), DOWNTOWN EAST LIMITED PARTNERSHIP (CURRENT OWNER/OPERATOR AT THE TIME OF DISPOSAL), H.W.HUFF (FORMER OWNER/OPERATOR), DOWNTOWN EAST, INC. (CURRENT OWNER), DELP-2, L.L.C (CURRENT OWNER), AND AAA, L.L.C. (CURRENT OWNER). IN PART TWO, EPA REQUESTS THAT DOJ SEEK PENALTIES, PURSUANT TO SECTIO 106 OF CERCLA, AGAINST DOWNTOWN EAST LIMITED PARTNERSHIP, DOWNTOWN EAST, INC., AND DELP-2, L.L.C., FOR FAILURE TO COMPLY WITH AND/OR FOR WILLFUL VIOLATIONS OF AN ADMINISTRATIVE ORDER FOR REMOVAL RESPONSE ACTION ( ORDER ), DOCKET NO. III-2000-0027DC. EPA REQUESTS THAT DOJ FILE A COMPLAINT AGAINST THE PENALTY DEFENDANTS FOR PENATLIES AND APPROPRIATE INJUNCTIVE RELIEF. THE SITE IS LOATED IN THE TOWN OF PULASKI, PULASKI COUNTY, VIRGINIA, AND USED TO BE THE LOCATION OF A CHEMICAL MANUFACTURING FACILITY, WHICH WAS OPERATED BY ALLIED CORPORATION AND ITS PREDECESSOR FOR SEVEN DECADES. EPA ISSUED THE ORDER ON SEPTEMBER 28, 2000, UNDER SECTION 106(A) OF CERCLA, 42 U.S.C. SECTION 9606(A), TO ADDRESS ELEVATED LEVELS OF LEAD AND OTHER HAZARDOUS SUBSTANCES FOUND IN SOILS AND SEDIMENTS AT THE SITE. THE ORDER WAS AMENDED ON JULY 16, 2003 TO ADDRESS CERTAIN DEFICIENCIES IN THE GEOGRAPHICAL EXTENT OF THE WORK REQUIRED BY THE ORDER AND TO REQUIRE ADDITIONAL WORK WITH RESPECT TO SEVERAL DRUMS THAT HAD BEEN DISCOVERED IN AN ABANDONED WAREHOUSE AT THE SITE. HONEYWELL INTERNATIONAL INC. HAS BEEN PERFORMING THE MAJORITY OF THE REMOVAL ACTION AT THE SITE PURSUANT TO THE AMENDED ORDER.

Defendants (6)

• HONEYWELL INTERNATIONAL, INCNamed in complaintNamed in settlement
• DOWNTOWN EAST LIMITED PARTNERSHIPNamed in complaintNamed in settlement
• DOWNTOWN EAST, INCNamed in complaintNamed in settlement
• DELP-2, L.L.C.Named in complaintNamed in settlement
• H.W. HUFFNamed in complaintNamed in settlement
• AAA, L.L.C

Facilities (1)

• ALLIED-PULASKI SITE

  SECOND + LAFAYETTE STS, PULASKI, VA, 24301

  Registry ID: 110009320369

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALLIED-PULASKI SITEentered 2008-06-10

  Primary law: CERCLA

  Federal penalty: $23,500

Timeline (5 milestones)

• 2005-09-30Referred To Dept Of Justice
• 2005-10-05Enforcement Action Data Entered
• 2008-01-18Final Order Lodged
• 2008-01-18Complaint Filed With Court
• 2008-06-10Final Order Entered