EPA v. 8TH AND PLUTUS STREET POTTERY SUPERFUND SITE, ROCK SPRINGS ENTERPRISES

Case summary

On September 11, 2008, the Division Director of the Region III Hazardous Site Cleanup Division issued an Administrative Order, to Rock Springs Enterprises, Inc. and Christopher Dietz, a principal of Rock Springs, in connection with activities at the Eighth and Plutus Streets Superfund Site in Chester, Hancock County, West Virginia. The Order has been issued under Section 106 of CERCLA and requires Rock Springs to refrain from disturbing a recently-installed 11-acre cap at the Site that covers more than 117,000 cubic yards of ceramic pottery waste and soils contaminated with lead, PCBs, and other hazardous substances. The cap was installed this summer by the former owner and operator of the Site, Newell Holdings Delaware, Inc. (f/k/a Anchor Hocking Corporation) under a 2007 EPA administrative consent order. Newell and its predecessors used to operate a pottery-manufacturing facility at the Site from approximately 1898 to 1984. EPA discovered that Rock Springs and Mr. Dietz were engaging in demolition and metal-scrapping activities at the Site that were damaging the cap and subjecting it to erosion. Rock Springs and Mr. Dietz are required to refrain from any future activities that will disturb the cap and to maintain a fence around the Site and vegetation on the cap. Because the demolition activities on-Site were being conducted contrary to the Asbestos NESHAP, EPA has also issued an administrative compliance order to Rock Springs under Section 113(a) of the Clean Air Act, 42 U.S.C. § 7413(a)(3).

Defendants (2)

• CHRISTOPHER DIETZ
• ROCK SPRINGS ENTERPRISES, INC.Named in settlement

Facilities (1)

• 8TH AND PLUTUS STREETS' POTTERY SITE

  8TH & PLUTUS STREETS, CHESTER, WV, 26034

  Registry ID: 110022450006

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• 8TH AND PLUTUS STREET POTTERY SUPERFUND SITE, ROCK SPRINGS ENTERPRISESentered 2008-09-11

  Primary law: CERCLA

Timeline (2 milestones)

• 2008-09-11Final Order Issued
• 2008-09-22Enforcement Action Data Entered