EPA v. POTTER'S PITS WASTE DISPOSAL SITE

Case summary

NATURE OF THE CASE: THE POTTER'S PITS SITE IS LOCATED IN MACO, BRUNSWICK COUNTY, NORTH CAROLINA. FROM 1969 TO 1976, OTTO SKIPPER USED THE SITE FOR THE DISPOSAL OF WASTE OIL OBTAINED BY HIS OIL SPILL CLEANUP BUSINESS. THE WASTES WERE CONTAINED IN FOUR UNLINED SURFACE IMPOUNDMENTS. THE BUSINESS CEASED OPERATING IN 1976. IN THAT YEAR, THE U.S. COAST GUARD PERFORMED A PARTIAL CLEANUP OF THE SITE. TWO OF THE IMPOUNDMENTS WERE EMPTIED AND CONTAMINATED SOIL REMOVED, WHILE SAND WAS MIXED WITH THE CONTENTS OF THE TWO OTHER IMPOUNDMENTS TO SOLIDIFY THE MATERIAL. BETWEEN 1976 AND 1982 OWNERSHIP TO THE PROPERTY CHANGED SEVERAL TIMES. IN 1982 IT WAS SOLD TO THE CURRENT OWNERS FOR RESIDENTIAL USE; THEY QUICKLY DISCOVERED THAT OIL AND SLUDGE WERE BURIED IN THEIR FRONT YARD AND THAT THEIR WELL WATER WAS CONTAMINATED. IN SEPTEMBER 1983, EPA INVESTIGATED THE SITE AND FOUND THAT THE SOIL AND GROUNDWATER WERE CONTAMINATED WITH OIL, CREOSOTE, AND SEPTIC SLUDGES, AS WELL AS SEVERAL ORGANIC CHEMICALS. THE WELL WATER WAS FOUND TO CONTAIN BENZENE CONCENTRATIONS IN EXCESS OF EPA WATER QUALITY CRITERIA. CONSEQUENTLY, EPA COMMENCED AN IMMEDIATE REMOVAL ACTION AT THE SITE ON MARCH 24, 1984. THREE FAMILIES WERE TEMPORARILY RELOCATED. THE TWO IMPOUNDMENTS CONTAINING WASTES WERE EXCAVATED, AND THE CONTAMINATED MATERIAL WAS REMOVED AND SENT TO AN APPROVED DISPOSAL FACILITY. THE IMPOUNDMENTS WERE THEN FILLED WITH UNCONTAMINATED SOIL. REMOVAL ACTIVITIES WERE COMPLETED ON APRIL 3, 1984. TOTAL COSTS THROUGH OCTOBER 1984 ARE DOCUMENTED AT $271,088.78. A NINE-WELL GROUNDWATER MONITORING SYSTEM HAS BE INSTALLED AND WILL BE MONITORED BY THE NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES. NATURAL PURGING OF THE SITE IS EXPECTED TO BE AN ADEQUATE REMEDY, THOUGH IT WILL TAKE SEVERAL YEARS. THE SITE IS CURRENTLY LISTED ON NATIONAL PRIORITIES LIST AND AN RI/FS WORK PLAN IS BEING DEVELOPED.

Defendants (8)

• MCLAMB, WILBURNamed in complaintNamed in settlement
• SKIPPER, OTTONamed in complaintNamed in settlement
• CAIN, JIMMY F.Named in complaintNamed in settlement
• CAIN, PEGGYNamed in complaintNamed in settlement
• ANDERSON, HUBERT J.Named in complaintNamed in settlement
• ANDERSON, ADANamed in complaintNamed in settlement
• INVESTORS MANAGEMENT CORP.Named in complaintNamed in settlement
• MCLAMB, BARBARANamed in complaintNamed in settlement

Facilities (1)

• POTTERS PITS WASTE DISPOSAL SI

  OFF US HWY 74-76, MACON, NC, 27551

  Registry ID: 110010587374

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• POTTER'S PITS WASTE DISPOSAL SITEentered 1993-12-14

  Primary law: CERCLA

Timeline (9 milestones)

• 1985-11-13Referred To Dept Of Justice
• 1985-12-09Returned To Region
• 1989-09-28Rereferred
• 1989-10-11Referred TO U.S. Attorney
• 1989-10-12Complaint Filed With Court
• 1993-12-14Final Order Lodged
• 1993-12-14Final Order Entered
• 1997-12-09Enforcement Action Data Entered
• 2000-09-27Enforcement Action Closed