EPA v. WEST VIRGINIA TIRE DISPOSAL, INC. SITE

Case summary

On May 10, 2022, SEMD Director Paul Leonard signed an Administrative Settlement Agreement and Order on Consent for Removal Action (ASAOC) under Sections 104, 106, 107, and 122 of CERCLA at the West Virginia Tire Disposal, Inc. Site in Summersville, Nicholas County, WV ( Site ). Respondent West Virginia Tire Disposal, Inc. ( WVTD ) operates a tire-disposal facility and monofill at the Site pursuant to permits issued by the West Virginia Department of Environmental Protection (DEP). On December 25, 2021, a major tire fire broke out at the Site. DEP and WVTD conducted emergency response measures to address releases of hazardous substances caused by the fire and its aftermath, including releases of hazardous substances from an on-site stormwater retention pond to Bryant Branch of Peters Creek, a tributary of the Gauley River. On February 9, 2022, DEP requested that EPA take over emergency removal response at the Site. EPA did so under a Special Bulletin issued on February 18, 2022. Under the ASAOC, WVTD will assume responsibility for the emergency response measures and implement a removal action selected by EPA in a March 18, 2022 Action Memorandum. An EJScreen prepared for the Site suggests that it is not located in a potential EJ area of concern.

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 2022-05-10

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-05-10Final Order Issued
• 2022-05-26Enforcement Action Data Entered