EPA v. Big Scary Creek Landfill Site

Case summary

The Court issued the warrant on 2/25/2022. EPA investigated the property under the warrant and concluded no further action was necessary. EPA returned the warrant on 5/26/2022. Nothing more needed from DOJ or the Court. The Region has requested that DOJ secure a warrant for entry to the Big Scary Creek Landfill Site for purposes of sampling to complete a removal site evaluation under CERCLA. The owner, PAR Industrial Corporation, consented to EPA?s first entry which did not include sampling but has not consented to EPA?s subsequent request for entry to take samples. The Site contains an inactive landfill which operated before PAR acquired the property in 1982. The State recently received complaints about odors and a white substance on the ground and also received evidence of dead vegetation at the Site and subsequently requested EPA assistance. State sampling from 1990 showed that several hazardous substances, primarily metals, had migrated from the landfill to the adjacent property.

Defendants (1)

• PAR Industrial CorporationNamed in complaint

Facilities (1)

• BIG SCARY CREEK LANDFILL SITE

  SCARY CREEK ROAD, SCOTT DEPOT, WV, 25560

  Registry ID: 110071941218

Statutes cited

• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E3 — Entry Access

Timeline (4 milestones)

• 2021-12-20Referred To Dept Of Justice
• 2021-12-27Enforcement Action Data Entered
• 2022-02-25Complaint Filed With Court
• 2022-02-25Concluded