EPA v. JAY CEE CLEANERS, INC

Case summary

EPA SEEKS COMMENCEMENT OF AN ACTION TO SECURE AN ADMINISTRATIVE WARRANT AUTHORIZING ENTRY TO 161613 LANKFORD HIGHWAY, NELSONIA, ACCOMACK COUNTY, VIRGINIA (PROPERTY) TO PERFORM A CERCLA SECTION 104(A) REMOVAL RESPONSE ACTION SELECTED IN AN ACTION MEMORANDUM ON SEPTEMBER 25, 2009. THE SITE IS CURRENTLY OWNED BY JAY CEE CLEANERS, INC (JCC). THE COMMONWEALTH OF VIRGINIA TERMINATED JCC'S CORPORATE STATUS IS 2003. UNDER VIRGINIA LAW, THE DIRECTORS OF A CORPORATION SO TERMINATED HOLD THE CORPORATIONS' PROPERTY IN TRUST. JOHN L. DARBY IS THE LAST KNOWN DIRECTOR OF JCC. WITH MR. DARBY'S CONSENT, EPA COLLECTED SAMPLES FROM THE PROPERTY AND FOUND SIGNIFICANT CONCENTRATIONS OF VOLATILE ORGANIC CONTAMINANTS IN SOILS AT THE PROPERTY AND IN GROUNDWATER AT THE PROPERTY ABOVE MCLS. IN ADDITION, EPA FOUND TRACE AMOUNTS OF A VOC IN A NEARBY WELL. IN DECEMBER 2008, EPA DETERMINED THAT THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE SITE MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT. ON SEPTEMBER 25, 2009, EPA SELECTED A REMOVAL RESPONSE ACTION CONSISTING OF, AMONG OTHER THINGS, THE IDENTIFICATION AND REMOVAL OF SOILS CONTAMINATED WITH CERTAIN VOCS ABOVE SPECIFIED CONCENTRATIONS, OFF-SITE DISPOSAL OF REMOVED SOILS, AND POST-EXCAVATION SAMPLING. MR. DARBY HAS NOT RESPONDED TO EPA'S REQUESTS FOR CONSENT TO ENTER TO PERFORM THE SELECTED REMOVAL ACTION.

Defendants (1)

• JAY CEE CLEANERS, INCNamed in complaintNamed in settlement

Facilities (1)

• JAY CEE CLEANERS SITE

  16163 LANKFORD HIGHWAY, NELSONIA, VA, 23308

  Registry ID: 110038782877

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• JAY CEE CLEANERS, INCentered 2010-01-20

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-12-04Referred To Dept Of Justice
• 2009-12-11Enforcement Action Data Entered
• 2010-01-20Final Order Entered
• 2010-01-20Complaint Filed With Court
• 2010-01-20Final Order Lodged