EPA v. MORAN, SARAH STOCKTON, ESTATE OF, ET. AL. (HIDDEN LANE LANDFILL)

Case summary

On April 4, 2017, U.S. District Court for the Eastern District of Virginia entered a Consent Decree resolving the liability of Persimmon Lane, LLC (defendant) for past and future response costs incurred by EPA and co-plaintiff the Commonwealth of Virginia under CERCLA and Virginia law in connection with the Hidden Lane Landfill Superfund Site, located in Sterling, Loudoun County, Virginia (Site). The Site was operated as an unlined landfill from 1971 to 1986, resulting in extensive groundwater contamination, including 111-trichloroethylene (TCE), initially detected in residential wells. In 2005, the Virginia Department of Environmental Quality initiated groundwater sampling and provided water filtering systems to residents until requesting EPA to take over the investigation and response actions in 2008, whereupon EPA listed the Site on the Superfund National Priorities List. The settlement will reimburse EPA?s Superfund and the Commonwealth for the costs of providing water purification systems to affected residences, investigating the extent of contamination, and determining the risks posed to human health as well as provide funding for the continuing investigation and the ultimate remedy for the Site. Under the terms of the settlement, the defendant, which is the current property owner, must undertake good faith efforts to market and transfer the 150 acres comprising the Site property, which is the defendant?s only asset, for development and/or wetlands mitigation preservation and pay a majority portion of the net sales proceeds to EPA and the Commonwealth. The defendant will retain a portion of the set sales proceeds to provide an incentive to maximize the financial recovery.

Defendants (4)

• PERSIMMON LANE, LLC, A VIRGINIA LIMITED LIABILITYNamed in complaintNamed in settlement
• FLOOD, WALKER
• MORAN, SARAH STOCKTON ESTATE OF
• STOCKTON, GEORGIA

Facilities (2)

• HIDDEN LANE LANDFILL

  OFF OF PERSIMMON LN, ~3/4 MILE N OF RT 7, STERLING, VA, 21065

  Registry ID: 110028288528

• HIDDEN LANE LANDFILL

  OFF OF PERSIMMON LN, ~3/4 MILE N OF RT 7, STERLING, VA, 20165

  Registry ID: 110028288528

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• PERSIMMON LANE, LLC (HIDDEN LANE LANDFILL)entered 2017-04-03

  Primary law: CERCLA

Timeline (5 milestones)

• 2013-09-26Referred To Dept Of Justice
• 2013-09-30Enforcement Action Data Entered
• 2017-01-05Complaint Filed With Court
• 2017-01-09Final Order Lodged
• 2017-04-03Final Order Entered