EPA v. POOR CHARLIE & CO., INC, ET. AL,(TWIN CITIES IRON & METAL)

Case summary

This Consent Decree for the recovery of past Superfund response costs stems from a removal action performed by EPA to clean up lead and PCB contaminated soils at the Twin Cities Iron & Metal Site ( Site ) located in Bristol, Virginia. On April 24, 2017, the United States District Court for the Western District of Virginia entered a Consent Decree in connection Site, which resolves the liability of Michael Cosola ( Settling Defendant ), in connection with the Site. The Consent Decree requires that Settling Defendant record an environmental covenant imposing use restrictions on the Site property to protect the remedy at the Site in perpetuity. The Site was used as a scrap yard from 1967 to 2000. Battery casings were broken and buried on-Site, resulting in lead contamination in soil near, and sediments in, Beaver Creek. EPA initiated an emergency removal action in September 2009, to remove and dispose off-Site lead and PCB contaminated soils. EPA completed its removal action on April 2, 2010. The Consent Decree presents the best possible recovery because it will protect the response action, and ensure that future property owners have the necessary information about hazardous substances left on-Site.

Defendants (5)

• 950 FAIRVIEW STREET, LLC (SB)
• POOR CHARLIE AND COMPANY, INC (SB)Named in complaintNamed in settlement
• COSOLA, MICHAELNamed in complaintNamed in settlement
• KINGSPORT POWER COMPANY, INC (SB)Named in complaintNamed in settlement
• APPLACHIAN POWER COMPANY, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• TWIN CITY IRON & METAL CO INC

  1000 FAIRVIEW ST, BRISTOL, VA, 24201

  Registry ID: 110009315589

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• POOR CHARLIE & COMPANY (TWIN CITIES IRON & METAL)entered 2017-01-19

  Primary law: CERCLA

• COSOLA, MICHAEL (TWIN CITIES IRON & METAL)entered 2017-04-24

  Primary law: CERCLA

• APPALACHIAN POWER COMPANY INC AMD KINGSPORT POWER (TWIN CITIES IRON & METAL) (APPLACHIAN/KINGSPORT)entered 2014-08-28

  Primary law: CERCLA

Timeline (7 milestones)

• 2012-09-27Referred To Dept Of Justice
• 2012-10-02Enforcement Action Data Entered
• 2014-01-03Supplemental Referral-Adding parties, counts
• 2014-07-02Complaint Filed With Court
• 2017-03-13Final Order Lodged
• 2017-04-24Final Order Entered
• 2026-05-11Enforcement Action Closed