EPA v. LEONARD'S PLATING SITE (Access Order)

Case summary

On Date Region III referred a case to the Department of Justice seeking an administrative warrant from the United States District Court for the Southern District of West Virginia, authorizing entry, inspection, sampling, and implementation of a response action at the Leonard?s Plating Site (Site) located at 405 4th Avenue, St. Albans, Kanawha County, West Virginia. The Site is located in a mixed commercial/residential area, which includes a Historical Society building, a former train depot historic building, a domestic abuse shelter, an Emergency Medical Service station, and private residences. The Site is the former location of a chrome plating shop, which was owned and operated by Leonard Reed Plating & Distributing, Inc. (LRPD). LRPD ceased operations in 2017, and the Site has been abandoned since then. Numerous open vats, tanks, and containers containing hazardous substances, including chromic acid, hydrochloric acid, and liquids containing arsenic, chromium, cadmium and/or lead, are present inside a building on the Site where LRPD conducted its plating activities. The building is in poor condition, with leaks in the building roof, is unsecured, and has been visited by trespassers and vandals. EPA has made several attempts to obtain access from the authorized representative of the property owner, but the representative has repeatedly refused to provide access. EPA seeks access pursuant to CERCLA Section 104(e)(1), (3), and (4), 42 U.S.C. ? 9604(e)(1), (3), and (4), to perform a removal action as approved by EPA on April 4, 2019, to include preparing an inventory of materials/items at the Site; providing for Site security, if necessary; stabilizing any leaking drums, vats, or containers to prevent the release of hazardous substances; preparing hazardous substances for disposal; and disposing of hazardous substances off-Site.

Defendants (1)

• LEONARD'S PLATING SITENamed in complaintNamed in settlement

Facilities (1)

• LEONARD'S PLATING

  405 4TH STREET, ST. ALBANS, WV, 25177

  Registry ID: 110070616331

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• LEONARD'S PLATING SITE (Access Order)entered 2019-09-23

  Primary law: CERCLA

Timeline (6 milestones)

• 2019-08-15Referred To Dept Of Justice
• 2019-09-23Concluded
• 2019-09-23Final Order Entered
• 2019-09-23Final Order Lodged
• 2019-09-23Complaint Filed With Court
• 2019-10-03Enforcement Action Data Entered