EPA v. JONES, SAMUEL M ESTATE OF, ET. AL.

Case summary

EPA HAS PREPARED A REFERRAL TO THE UNITED STATES DEPARTMENT OF JUSTICE ( DOJ ) FOR AN ACTION TO RECOVERY APPROXIMATELY $954,691.52 IN RESPONSE COSTS INCURRED BY THE EPA FOR REMOVAL ACTIONS TO ADDRESS THE RELEASE OF HAZARDOUS SUBSTANCES AT THE SAME JONES JUNKYARD SITE, A FORMER AUTOMOTIVE SALVAGE/INDUSTRIAL JUNKYARD, LOCATED IN GAINESVILLE, PRINCE WILLIAM COUNTY, VIRGINIA ( SITE ). THE SITE CONTAMINATED WITH VARIOUS HAZARDOUS SUBSTANCES, INCLUDING LEAD AND PCBS. THE RECOMMENDED DEFENDANTS ARE THE OWNER AND OPREATOR OF THE SITE, THE ESTATE OF SAMUEL M. JONES, AND THE OPERATOR OF THE SITE, SAM'S JUNK, RECYCLE, SCRAP & MATERIALS SERVICES, INC. EPA CONDUCTED A REMOVAL IN 1999 TO PREVENT THE MIGRATION OF CONTAMINANTS FROM THE SITE. EPA SUBSEQUENTLY ORDERED THE PROPOSED DEFENDANTS TO CONTINUE CERTAIN RESPONSE ACTIONS, WHICH WERE COMPLETED TO EPA'S SATISFACTION. EPA NOTIFIED THE ESTATE OF ITS POTENTIAL LIABILITY FOR EPA'S SITE COSTS IN 2001. AFTER EPA ATTEMPTED TO INITIATE SETTLEMENT DISCUSSIONS, THE ESTATE ALLEGED THAT CERTAIN AGENCIES OF THE FEDERAL GOVERNMENT HAD CONTRIBUTED HAZARDOUS SUBSTANCES TO THE SITE AND IT ARGUED THAT THE UNITED STATES MAY BE UNABLE TO RECOVER ANY OF ITS PAST COSTS. IN ORDER TO AVOID DEFENSES BASED ON A STATUTE OF LIMITATIONS THEORY, EPA REQUESTS THAT THE PROPOSED ACTION BE FILED ON OR BEFORE OCTOBER 15, 2004, UNLESS A TOLLING AGREEMENT WITH THE RECOMMENDED DEFENDANTS IS EXTENDED.

Defendants (2)

• JONES, SAMUEL M, ESTATE OFNamed in complaintNamed in settlement
• SAM'S JUNK,RECYCLE,SCRAP & MATERIAL SERVICES (SB)Named in complaintNamed in settlement

Facilities (1)

• JONES, SAM JUNKYARD

  14505 LEE HWY, GAINESVILLE, VA, 22065

  Registry ID: 110010585349

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• JONES, SAMUEL M ESTATE OF, ET. AL.entered 2005-08-26

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-09-30Referred To Dept Of Justice
• 2004-10-02Enforcement Action Data Entered
• 2005-06-30Final Order Lodged
• 2005-06-30Complaint Filed With Court
• 2005-08-26Final Order Entered