EPA v. FDP VIRGINIA, INC. (DESHA ROAD SITE)

Case summary

On March 9, 2022, Division Director Paul Leonard signed an administrative settlement agreement and order on consent ( ASAOC ) with potentially responsible party, FDP Virginia, Inc. ( FDP Brakes ), for performance of a removal action under CERCLA 104, 106, 107, and 122 at the Desha Road Site in Tappahannock, Essex County, Virginia. FDP Brakes executed the ASAOC on March 4, 2022. FDP Brakes is a brake manufacturer that arranged for the illegal disposal of 32 drums of hazardous waste and two 50-Kg. bags of Chrysotile asbestos in two burial pits at the Site, a six-acre parcel owned by a managerial employee of FDP Brakes. This employee has alleged that FDP Brakes plant manager instructed and paid him to dispose of the waste at the Site and permitted him to use company-owned equipment (e.g., forklift, truck, and excavator) in the process. Disposal at the Site followed the company's receipt of a 2019 NOV from Virginia DEQ for state law violations related to the 32 drums of waste. EPA learned of the illegal disposal through an anonymous tip in early 2021. Samples taken by EPA at the Site during an initial site inspection showed that the buried waste contained the hazardous substances, VOCs, SVOCs, and asbestos. The removal action will include further sampling of previously excavated waste, sampling and excavation of the burial pits, proper off-site disposal of asbestos and other waste, backfilling of burial pits with clean fill, groundwater monitoring, and monitoring of residential drinking water wells at and within a quarter-mile of the Site. Virginia DEQ and Rappahannock Tribe have been consulted about the Site, and the OSCs will continue to coordinate with them during the cleanup.

Defendants (1)

• FDP VIRGINIA, INC.Named in settlement

Facilities (2)

• DESHA ROAD SITE

  DESHA ROAD NEAR CARVER ROAD, TAPPAHANNOCK, VA, 22560

  Registry ID: 110071173957

• DESHA ROAD SITE

  3166 DESHA ROAD, TAPPAHANNOCK, VA, 22560

  Registry ID: 110071234957

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• FDP VIRGINIA, INC. (DESHA ROAD SITE)entered 2022-03-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-03-09Final Order Issued
• 2022-03-18Enforcement Action Data Entered