EPA v. JIMMY MATTHEWS TOWING & REPAIR, INC., (EMPORIA BATTERIES SITE)

Case summary

On August 5, 2016, the Acting Division Director, HSCD, issued a Unilateral Administrative Order for Removal Response Action ( UAO ) to Jimmy Matthews Towing & Repair, Inc. ( Respondent ) pursuant to Section 106(a) of CERCLA. The UAO directs Respondent to conduct a removal response action at the Emporia Batteries Site at 21330 Blue Star Highway, Jarratt, Sussex County, Virginia ( Site ), the removal of debris and damaged batteries from two roll-off containers on-Site, as well as the excavation and/or treatment of soil containing lead contamination above 1,000 mg/kg and/or a pH less than 5. The Respondent was hired to remove an overturned tractor-trailer hauling batteries on Interstate 95. Respondent is currently storing two unlined roll-off containers containing broken batteries and other waste at the Site. The OSC has observed what appears to be sulfuric acid leaking from the roll-offs. The OSC has requested that Respondent properly dispose of the leaking batteries and address the release of hazardous substances at the Site. Respondent did not provide EPA with access to the Site. Under the terms of the UAO, the Respondent is being provided an opportunity to have a conference with EPA prior to the date that the UAO becomes effective.

Defendants (1)

• JIMMY MATTHEWS TOWING & REPAIR, INC.Named in settlement

Facilities (1)

• EMPORIA BATTERIES SITE

  21330 BLUE STAR HIGHWAY, JARRETT, VA, 23867

  Registry ID: 110069494229

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• JIMMY MATTHEWS TOWING & REPAIR, INC., (EMPORIA BATTERIES SITE)entered 2016-08-05

  Primary law: CERCLA

Timeline (2 milestones)

• 2016-08-05Final Order Issued
• 2016-08-09Enforcement Action Data Entered