EPA v. MACON/DOCKERY SITE

Case summary

NATURE OF THE CASE: THE MACON AND DOCKERY SITES ARE LOCATED ON ADJACENT PARCELS OF LAND IN CORDOVA, RICHMOND COUNTY, NORTH CAROLINA. BETWEEN MAY 1979 AND MAY 1981, CHARLES MACON OPERATED A WASTE RECYCLING BUSINESS ON THE MACON PROPERTY. THE BUSINESS HANDLED USED OIL AND VARIOUS HAZARDOUS WASTES. MACON ALSO USED A PORTION OF THE ADJACENT DOCKERY PROPERTY FOR STORAGE AND DISPOSAL PURPOSES. IN MAY 1981, MACON LEASED THE FACILITY TO C&M OIL DISTRIBUTORS, WHICH OPERATED THE FACILITY UNTIL MARCH 1982. ON OCTOBER 17, 1981, CHARLES MACON DIED. THE FACILITY WAS SHUT DOWN, AND A LARGE QUAN- TITY OF WASTE WAS LEFT ON THE PROPERTY. ANALYSIS OF WASTE OIL SAMPLES OBTAINED FROM INPOUND- MENTS ON THE SITE SHOWED EXTREMELY HIGH LEVELS OF LEAD, AND HIGH LEVELS OF BARIUM AND CHROMIUM, AS WELL. GROUNDWATER MONITORING WELLS WHICH WERE INSTALLED ON THE SITE REVEALED CONTAMINATION OF THE SHALLOW AQUIFER WITH ORGANIC CHEMICALS AND WITH CROMIUM. EPA COMMENCED A REMOVAL ACTION AT THE SITE ON NOVEMBER 11, 1983. REUSABLE OIL WAS PUMPED FROM THE IMPOUNDMENTS AND TRANSPORTED TO AN OIL RECYCLING FACILITY. CONTAMINATED SOIL, SLUDGE, AND OTHER WASTE WERE REMOVED AND SENT TO A DISPOSAL FACILITY. THE EMPTY IMPOUNDMENTS WERE FILLED, GRADED, AND SEEDED. THE EPA REMOVAL RAN OUT OF FUNDS, HOWEVER, AND ONE IMPOUNDMENT COULD NOT BE EMPTIED, BUT WAS INSTEAD TEMPORARILY CONTAINED. A SIMILAR, THOUGH SMALLER-SCALE CLEAN-UP WAS CONDUCTED ON THE DOCKERY PROPERTY. REMOVAL ACTIVITIES WERE COMPLETED ON JANUARY 17, 1984. TOTAL COSTS FOR BOTH SITES AS OF SEPTEMBER 1985 ARE DOCUMENTED AT $696,125. EPA IS CURRENTLY INSTALLING ADDITIONAL GROUNDWATER MONITORING WELLS ON THE SITES TO DETERMINE THE EXTENT OF CONTAMINATION. THE SITES ARE CURRENTLY BEING RANKED TO DETERMINE THEIR ELIGIBILITY FOR THE NATIONAL PRIORITIES LIST. RELIEF SOUGHT: THIS REFERRAL REQUESTS THAT CIVIL ACTION BE INITIATED TO RECOVER APPROXIMATELY $696,125 IN EXPENDI- TURES INCURRED BY EPA IN RESPONSE TO THE RELEASE OF HAZARD- OUS SUBSTANCES AT THE MACON/DOCKERY WASTE DISPOSAL SITE.

Defendants (16)

• JAMES WASTE OILNamed in complaintNamed in settlement
• MACON, DOROTHY H.Named in complaintNamed in settlement
• PRIDE-TRIMBLENamed in complaintNamed in settlement
• SAIRFAX DOCKERYNamed in complaintNamed in settlement
• UNION CARBIDENamed in complaintNamed in settlement
• J & L INDUSTRIESNamed in complaintNamed in settlement
• ACME NAMEPLATE & MFG., INC.Named in complaintNamed in settlement
• B W MITCHUM TRUCKING INC.Named in complaintNamed in settlement
• C&M OIL DISTRIBUTORSNamed in complaintNamed in settlement
• CAROLINA POWER LIGHTNamed in complaintNamed in settlement
• CLARK EQUIPMENT CO.Named in complaintNamed in settlement
• CROWN CORK & SEAL CO., INC.Named in complaintNamed in settlement
• DOCKERY, ELEANORNamed in complaintNamed in settlement
• DOCKERY, JOHN C.Named in complaintNamed in settlement
• EASCO CORPORATIONNamed in complaintNamed in settlement
• ESTATE OF NICHOLAS DOCKERYNamed in complaintNamed in settlement

Facilities (2)

• CHARLES MACON LAGOON AND DRUM STORAGE

  COUNTY RD 1103, CORDOVA, NC, 28330

  Registry ID: 110009696203

• DOCKERY PROPERTY

  COUNTY RD 1103, CORDOVA, NC, 28330

  Registry ID: 110009296779

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• MACON DOCKERY SITEentered 1989-12-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-12-02Referred To Dept Of Justice
• 1986-07-23Complaint Filed With Court
• 1989-12-05Final Order Lodged
• 1989-12-05Final Order Entered
• 1989-12-05Concluded
• 1991-10-03Enforcement Action Closed
• 1998-03-30Enforcement Action Data Entered