EPA v. SAPP BATTERY - OU 1 AND PAST COSTS

Case summary

THE SAPP BATTERY SITE OCCUPIES AN AREA OF APPROXIMATELY 45 ACRES IN A RURAL PART OF JACKSON COUNTY, FLORIDA. IT IS LOCATED APPROXIMATELY FIVE MILES SOUTH OF THE TOWN OF COTTONDALE AND TWO MILES NORTH OF THE TOWN OF ALFORD. THE SITE IS IMMEDIATELY NORTH OF JACKSON COUNTY ROAD 280 AND WEST OF THE ATLANTA AND ST. ANDREW'S BAY RAILROAD TRACKS. IN 1970, SAPP BATTERY SERVICE, INC., OWNED AND OPERATED BY JERRY SAPP, INITIATED A BATTERY CRACKING OPERATION TO RECOVER LEAD FROM USED AUTOMOBILE BATTERIES. BEGINNING AS A SMALL OPERATION, THE BUSINESS AT ITS PEAK OCCUPIED A 14,000 SQUARE FOOT PLANT AND EMPLOYED APPROXIMA- TELY 35 PERSONS. STANDARD OPERATING PROCEDURE FOR DEALING WITH WASTES PRODUCED FROM THE BATTERY CRACKING OPERATION WAS TO DUMP THE ACID FROM THE BATTERIES OUTSIDE OF THE PLANT, WHERE IT RAN SOUTHEAST INTO A SWAMP WHICH EVENTUALLY DRAINED INTO STEELE CITY BAY. THE BROKEN BATTERY CASINGS WERE OF THE PLANT AND ADJACENT TO A SWAMP. THERE IS ALSO AN ABUNDANCE OF BATTERY CASINGS DISTRIBUTED OVER MOST OF THE SITE. IN JANUARY 1980, SAPP ABRUPTLY CLOSED DOWN THE BUSINESS AND LEFT THE STATE. IN RESPONSE TO CITIZEN CONCERN ABOUT HIGH ACIDITY AND LEAD CONCENTRATIONS IN STEELE CITY BAY, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDERTOOK EMERGENCY CLEANUP ACTIONS AT THE SITE. THE SITE WAS PROPOSED FOR INCLUSION ON THE FINAL NPL IN AUGUST 1982. IN SEPTEMBER 1982, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER) NEGOTIATED A COOPERATIVE AGREEMENT GRANT WITH EPA TO IMPLEMENT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) AT THE SITE.

Defendants (56)

• MOBILE COUNTY COMMISSIONNamed in complaintNamed in settlement
• MOBILE COUNTY, BOARD OF COMMISIONERSNamed in complaintNamed in settlement
• MONROE IRON & METAL CO., INC.Named in complaintNamed in settlement
• MONROE IRON & METAL/DBA GENERAL SCRAPNamed in complaintNamed in settlement
• MONTGOMERY WARD & CO., INC.Named in complaintNamed in settlement
• POTTER MOTOR CO.Named in complaintNamed in settlement
• PUERTO RICO TELEPHONE CO.Named in complaintNamed in settlement
• REFINED METALS CORP.Named in complaintNamed in settlement
• RICE IRON & METAL COMPANY, INC.Named in complaintNamed in settlement
• SANDERS LEAD COMPANY, INC.Named in complaintNamed in settlement
• SEARS, ROEBUCK AND CO.Named in complaintNamed in settlement
• SHELL OILNamed in complaintNamed in settlement
• ST. LUCIE BATTERY COMPANY, INC.Named in complaintNamed in settlement
• T.G. & Y. STORES CO.Named in complaintNamed in settlement
• TAYLOR AUTO PARTSNamed in complaintNamed in settlement
• TIMCO SCRAP PROCESSING CO.Named in complaintNamed in settlement
• U-HAUL CO. OF ALABAMA, INC.Named in complaintNamed in settlement
• UNIROYAL GOODRICH TIRE COMPANYNamed in complaintNamed in settlement
• VOLTEX BATTERIES INC.Named in complaintNamed in settlement
• WESTERN AUTO SUPPLY COMPANYNamed in complaintNamed in settlement
• YOCAM BATTERY CO. OF MOBILE, INC.Named in complaintNamed in settlement
• YORKE DOLINER & CO.Named in complaintNamed in settlement
• AARON SCRAPNamed in complaintNamed in settlement
• ACCO, INC.Named in complaintNamed in settlement
• ADDLESTONE INTERNATIONAL CORPORATIONNamed in complaintNamed in settlement
• …and 31 more

Facilities (1)

• SAPP BATTERY

  HIGHWAY 280, COTTONDALE, FL, 32431

  Registry ID: 110010584215

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AARON SCRAP METALS, INC,ET AL.entered 1993-03-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-01-05Enforcement Action Data Entered
• 1991-03-07PRN Sent
• 1992-05-19Referred To Dept Of Justice
• 1993-03-10Final Order Lodged
• 1993-03-10Final Order Entered
• 1993-03-10Complaint Filed With Court
• 1993-03-10Concluded