EPA v. WEST VIRGINIA TIRE DISPOSAL, INC. SITE

Case summary

On February 23, 2022, Region 3's SEMD issued a unilateral administrative order (UAO) for access under CERCLA 9604(e)(5), directing the operators of the West Virginia Tire Disposal Inc. Site in Summersville, WV, to allow EPA access to perform emergency response actions at the Site. On February 24, 2022, respondents West Virginia Tire Disposal, Inc. and its sole shareholder, Robert L. Thompson returned signed notices of their intent to comply with the UAO. Another PRP, Site owner West Virginia Land Management, Ltd., consented to EPA's request for access and was not named as a respondent in the UAO. A tire fire occurred at the Site on December 25, 2021, and WVDEP and local first-responders conducted emergency response at the Site through late February 2022. As part of this emergency response, WVDEP took measures to prevent the discharge of hazardous substances from an on-site stormwater pond into Bryant Branch, a tributary of Peters Creek. Run-off of a contaminated oily substance and other liquids from the tire fire have caused a release or threatened release of hazardous substances into and from the pond. WVDEP requested that EPA assist in the emergency response related to the pond. WVDEP demobilized from the Site on Monday, February 21, 2022. EPA took over the response under a Special Bulletin for a CERCLA removal action.

Defendants (1)

• WEST VIRGINIA TIRE DISPOSAL, INC. SITENamed in settlement

Facilities (1)

• WEST VIRGINIA TIRE DISPOSAL, INC. SITE

  26 BRYANT BRANCH RD, SUMMERSVILLE, WV, 26651

  Registry ID: 110071269108

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• WEST VIRGINIA TIRE DISPOSAL, INC. SITEentered 2022-02-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-02-23Final Order Issued
• 2022-07-21Enforcement Action Data Entered