EPA v. SYCAMORE PESTICIDES SITE (ONE-STOP-DENHAM)

Case summary

THIS SITE IS LOCATED IN SYCAMORE, GA. THE SITE CONSISTS OF (3) THREE ADJACENT BUILDINGS (NOW DEMOLISHED) AND A NONCON- TIGUOUS WAREHOUSE USED FOR STORAGE OF MATERIALS, INCLUDING PESTICIDES, HERBICIDES AND FUNGICIDES FOR A BUSINESS KNOWN AS ONE-STOP DENHAM HARDWARE STORE. SINCE APPROXIMATELY THE 1960'S. THE LATE ALVA REY DENHAM WAS THE ORIGINAL OWNER/OP- ERATOR OF THE SITE. HE ALSO OWNED AND OPERATED ONE-STOP DEN- HAM. UPON MR. DENHAM'S DEATH IN 1983, DE ALVA DENHAM FREMAN AND REBA C DENHAM INHERITED THE SITE AND BECAME OWNERS OF ONE- THIRD AND TWO-THIRDS OF THE SITE, RESPECTIVELY. IN 1988, A LOCAL FIREFIGHTER AND POLICE OFFICER DISCOVERED THE STORAGE OF PESTICDES IN THE THREE ADJACENT BUILDINGS AND NOTIFIED MS. FREEMAN AND MS. DENHAM OF THE CONDITIONS OF THE BUILDING, THE STORAGE OF CHEMICALS AND THEIR CONDITION. A WEEK LATER, A FIRE MARSHALL INSPECTED THE BUILDINGS AND CONFIRMED THE PRESENCE OF PESTICIDES. HE NOTIFIED MS. FREEMAN ABOUT THE CHEMICALS STORED AT THE SITE. IN MARCH 1990, MS. FREEMAN CONTRACTED A LOCAL DEMOLITION CREW TO DEMOLISH THE BUILDINGS. DURING THE DEMOLITION THE CREW MOVED DRUMS AND BAGS CONTAINING PESTICIDES TO THE WARE- HOUSE AND PLACED A PALLET CONTAINING BROKEN BAGS OF PESTI- CIDES, UNPROTECTED IN AN ALLEY BEHIND THE BUILDINGS. THE DEMOLITION ALSO EXPOSED BROKEN BAGS OF PESTICIDES TO WEATHER CONDITIONS. EPA BEGAN REMOVAL AND STABILIZATION ACTIONS ON 04/21/1990. THE FIRST TWO PHASES OF THE REMOVAL INCLUDED CONTAINERIZING THE PESTICIDES IN DRUMS, REMOVING CONTAMINATED DEBRIS AND STORING IT IN ROLL-OFF DUMPSTERS, DEMOLISHING OF CERTAIN STRUCTURES AT THE SITE, SAMPLING OF THE AIR, WATER AND SOIL AND OTHER MEDIA AT THE SITE, SAMPLING AND DISPOSAL OF THE WASTE MATERIAL, AND CLEANING OF THE SITE. THESEPHASES HAVE BEEN COMPLETED. THE THIRD PHASE OF THE REMOVAL WHICH CONSISTS OF BACKFILLING THE EXCAVATED AREAS AND ADDI- TIONAL WATER SAMPLING IS STILL PENDING. EPA EXPECTS TO COM- PLETE THIS PHASE IN 1992.

Defendants (3)

• DEALVA DENHAM FREEMANNamed in complaintNamed in settlement
• ONE STOP DENHAMNamed in complaintNamed in settlement
• REBA C. DENHAMNamed in complaintNamed in settlement

Facilities (1)

• SYCAMORE PESTICIDE SITE

  WILLIS ST & HWY 41, SYCAMORE, GA, 31790

  Registry ID: 110010625065

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ONE-STOP DENHAM, DEALVA DENHAM (04-1994-C007)entered 1993-10-08

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-10-10Enforcement Action Data Entered
• 1991-09-25Referred To Dept Of Justice
• 1993-10-07Referred TO U.S. Attorney
• 1993-10-08Final Order Lodged
• 1993-10-08Final Order Entered
• 1993-10-08Complaint Filed With Court
• 1993-10-08Concluded
• 1998-07-02Enforcement Action Closed