EPA v. ATLANTIC WOOD INDUSTRIES, INC. ATLANTIC METROCAST INC

Case summary

On April 30, 2019, the U.S. District Court, Eastern District of Virginia, Norfolk Division, entered a Consent Decree (CD) under CERCLA relating to the Atlantic Wood Industries Inc. Superfund Site (Site), Portsmouth, Virginia. Settling Parties are EPA, Virginia, and Federal and Virginia Natural Resource Trustees (collectively, Settling Plaintiffs); the U.S. Department of Defense and the U.S. Department of the Navy (Settling Federal Agencies); and Atlantic Wood Industries, Inc./Atlantic Metrocast, Inc. (Settling Defendant). Pursuant to the CD, Settling Federal Agencies will pay $55.3 million to EPA and $8.5 million to Virginia for Site response costs, pay $94,659 for natural resource damages, and fund a $1.5 million oyster restoration project to be implemented by Virginia in the Southern Branch of the Elizabeth River. Settling Defendant will pay to EPA and Virginia of a total of $250,000 plus interest for response costs and to perform operations and maintenance activities relating to remedy components on its property. The Site, located at and adjacent to the Southern Branch of the Elizabeth River and immediately north of the Norfolk Naval Shipyard�s Southgate Annex, was the former location of a wood treating facility and includes approximately 50 acres of land and 35 acres of River sediments. Since 2010, EPA has been performing a Fund-lead cleanup at the Site to remediate hazardous substances, including polycyclic aromatic hydrocarbons from creosote, pentachlorophenol, and associated dioxin, and heavy metals, present in soils, ground water, and sediments at the Site.

Defendants (4)

• ATLANTIC METROCAST, INCNamed in complaintNamed in settlement
• ATLANTIC WOOD INDUSTRIES, INCNamed in complaintNamed in settlement
• UNITED STATES DEPARTMENT OF DEFENSENamed in complaintNamed in settlement
• UNITED STATES DEPARTMENT OF THE NAVYNamed in complaintNamed in settlement

Facilities (7)

• ATLANTIC METROCAST INC - PORTSMOUTH

  3904 BURTONS POINT ROAD, PORTSMOUTH, VA, 23704

  Registry ID: 110061841084

• ATLANTIC METROCAST INC - PORTSMOUTH

  3904 BURTONS POINT ROAD, PORTSMOUTH, VA, 23704

  Registry ID: 110061841084

• ATLANTIC METROCAST INC - PORTSMOUTH

  3904 BURTONS POINT ROAD, PORTSMOUTH, VA, 23704

  Registry ID: 110061841084

• ATLANTIC WOOD INDUSTRIES INCORPORATED

  3950 ELM AVE., PORTSMOUTH, VA, 23704

  Registry ID: 110002097757

• ATLANTIC WOOD INDUSTRIES, INC.

  3950 ELM AVE., PORTSMOUTH, VA, 23705

  Registry ID: 110002097757

• ATLANTIC WOOD INDUSTRIES INCORPORATED

  3950 ELM AVE., PORTSMOUTH, VA, 23704

  Registry ID: 110002097757

• ATLANTIC WOOD INDUSTRIES, INC.

  3950 ELM AVE., PORTSMOUTH, VA, 23705

  Registry ID: 110002097757

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ATLANTIC WOOD INDUSTRIES, INC. ATLANTIC METROCAST INCentered 2019-04-30

  Primary law: CERCLA

Timeline (6 milestones)

• 2009-04-22PRN Sent
• 2018-12-12Referred To Dept Of Justice
• 2019-03-07Final Order Lodged
• 2019-03-07Complaint Filed With Court
• 2019-03-11Enforcement Action Data Entered
• 2019-04-30Final Order Entered