EPA v. SWAINSBORO PRINT WORKS, INC./FLEET FACTORS

Case summary

NATURE OF THE CASE: THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE FILED PURSUANT TO SECTION 107 OF CERCLA AND SEC- TION 7003(A) OR RCRA FOR REIMBURSEMENT OF IMMEDIATE REMOVAL COSTS INCURRED IN TWICE RESPONDING TO THE RELEASE OF HAZAR- DOUS SUBSTANCES AT THE SWAINSBORO PRINT WORKS SITE IN SWAINSBORO, GA. IN 1984. THE POTENTIAL DEFENDANTS INCLUDE THE COMPANY WHICH LENT MONEY TO SWAINSBORO PRINT WORKS AND ALLEGEDLY PARTICIPATED IN ITS MANAGEMENT; THIS COMPANY IS FLEET FACTORS (AND HEREAFTER REFERRED TO AS AMBASSADOR). A SECOND CORPORATE DEFENDANT IS NIX RIGGING AND MILLWRIGHT CO. A RIGGER HIRED TO HELP CLEAN OUT THE SPW PLANT. ALSO, FOUR INDIVIDUALS HAVE BEEN NAMED - CLIFFORD GREENSIDE, EXECUTIVE VICE PRESIDENT OF AMBASSADOR; CARL NIX, OF NIX RIGGING; CLIFFORD HOROWITZ, FORMER OWNER AND PRESIDENT OF SPW; AND MURRAY NEWTON, FORMER OWNER AND VICE PRESIDENT OF SPW. THE SWAINSBORO PRINT WORKS (SPW> SITE IS AN INACTIVE, BANKRUPT CLOTH PRINTING FACILITY LOCATED ON APPROXIMATELY 10 ACRES IN SWAINSBORO, GA. WHEN OPERATED, THE PLANT BLEACHED UNFINISHED CLOTH, AND THEN FINISHED, WASHED AND PRINTED APPROXIMATELY 80,000 LBS OF CLOTH PER DAY. IMPORTANT ISSUES OF NATIONAL OR PRECEDENTIAL IMPACT: THE CASE INVOLVES TWO ISSUES OF IMPORTANCE. THE FIRST IS THE SCOPE OF THE OWNER OR OPERATOR EXCLUSION IN THE DEFINITION OF OWNER OF OPERATOR. THE ISSUE IS WHETHER AMBASSADOR SO PARTICIPATED IN THE MANAGEMENT OF SPW THAT IT TOOK ITSELF OUT OF THE EXCLUSION AND BECAME AN OWNER OR OPERATOR, AND THEREFORE LIABLE UNDER SECTION 107(A). THE SECOND ISSUE RELATES TO THE STATUTE OF LIMITATIONS NOW SET OUT IN SARA. THE FIRST REMOVAL WAS COMPLETED IN FEBRUARY 1984; A REQUEST FOR AN INCREASE IN FUNDING FOR THE SITE WAS APPROVED BY THE RA IN MAY 1984; AND THE SECOND REMOVAL WAS COMPLETED JULY 11, 1984. THE REGION CONTENDS THAT THE STATUTE OF LIMITA- TIONS RUNS FROM JULY 11, 1984, SINCE THE TWO REMOVALS WERE PART OF ONE ACTION COMPLETED ON THAT DATE. IF THE COMPLAINT IS FILED BEFORE JULY 11, 1987, THE STATUTE OF LIMITATIONS ISSUE MAY STILL BE RAISED AS A DEFENSE TO THE RECOVERY OF COSTS FOR THE INITIAL REMOVAL, WHICH WAS COMPLETED IN FEBRUARY, 1984. AGAIN, IF THE TWO REMOVALS WERE PART OF ONE CONTINUED ACTION, AS THE REGION CONTENDS, THEN THE FIRST RE- MOVAL IS ALSO NOT TIME-BANNED UNTIL JULY 11, 1987. RECOMMENDED ACTION: THE GOVERNMENT SEEKS TO RECOVER ALL COSTS INCURRED AS A RESULT OF THE CLEANUP EFFORTS AT THE SPW SITE. THIS FIGURE IS APPROXIMATELY $375,000 IN CONTRACTOR AND EPA COSTS. SPW SITE.

Defendants (3)

• FLEET FACTORS CORPORATIONNamed in complaintNamed in settlement
• HOROWITZ, CLIFFORDNamed in complaintNamed in settlement
• NEWTON, MURRAYNamed in complaintNamed in settlement

Facilities (1)

• SWAINSBORO PRINT WORKS

  412 SOUTH CIRCLE DR, SWAINSBORO, GA, 30401

  Registry ID: 110009277317

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• FLEET FACTORS CORP.entered 1993-07-21

  Primary law: CERCLA

Timeline (9 milestones)

• 1984-12-31Referred To Headquarters
• 1985-12-03Returned To Region
• 1987-06-22Rereferred
• 1987-07-09Referred To Dept Of Justice
• 1987-07-09Complaint Filed With Court
• 1993-07-21Final Order Lodged
• 1993-07-21Final Order Entered
• 1993-07-21Concluded
• 1993-09-02Enforcement Action Closed