EPA v. FULLER INVESTMENTS, INC, ET. AL.

Case summary

ON OCTOBER 7, 2009, EPA ENTERED AN ADMINISTRATIVE COST RECOVERY SETTLEMENT PURSUANT TO SECTION 122(H) OF CERCLA, 42 U.S.C. SECTION 9622(H), WITH FULLER INVESTMENT, INC. AND THE TOWN OF COEBURN, VIRGINIA, IN CONNECTION WITH THE COEBURN PRODUCE REMOVAL SITE, IN COEBURN, WISE COUNTY, VIRGINIA (THE SITE ). FULLER INVESTMENTS, INC IS A FORMER OPERATOR OF THE SITE AT THE TIME OF DISPOSAL OF HAZARDOUS SUBSTANCES. THE TOWN OF COEBURN IS THE PRESENT OWNER OF THE SITE. UNDER THE AGREEMENT, FULLER INVESTMENTS, INC WILL PAY THE EPA HAZARDOUS SUBSTANCES SUPERFUND TO RESOLVE ITS POTENTIAL LIABILITY UNDER SECTION 107(A) OF THE CERCLA FOR RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE. IN ADDITION, EPA DETERMINED THAT THE TOWN OF COEBURN IS UNABLE TO PAY ANY OF EPA'S RESPONSE COSTS, AND EPA IS SETTLING ITS LIABILITY IN EXCHANGE FOR THE PLACEMENT OF INSTITUTIONAL CONTROLS IN THE RELEVANT LAND RECORDS. NOTICE OF THE ADMINISTRATIVE COST RECOVERY SETTLEMENT WILL BE PUBLISHED IN THE FEDERAL REGISTER FOR A THIRTY-DAY PUBLIC COMMENT PERIOD.

Defendants (2)

• FULLER INVESTMENT, INCNamed in settlement
• COEBURN, TOWN OF VANamed in settlement

Facilities (1)

• COEBURN PRODUCE DISPOSAL SITE

  2ND STREET & GRAND AVENUE, COEBURN, VA, 24230

  Registry ID: 110014329690

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• FULLER INVESTMENTS, INC, ET. AL.entered 2009-10-07

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-10-07Final Order Issued
• 2009-10-13Enforcement Action Data Entered