EPA v. MEDLEY FARMS (ABCO INDUSTRIES)

Case summary

ON FEB 3, 2014, THE U.S. DISTRICT COURT, D.SC., SPARTANBURG DIV, SOUTH CAROLINA, SIGNED AN 0ORDER TO ENTER A CONSENT DECREE AMENDMENT IN THE MATTER OF U.S. v. ABCO INDUSTRIES ET AL. UNDER THE TERMS OF THE CD AMENDMENT BETWEEN THE U.S. AND SEVEN NAMED DEFENDANTS (PRPs), THE PRPs HAVE AGREED TO FINANCE AND PERFORM ADDITIONAL RD/RA WORK AT THE MEDLEY FARM DRUM DUMP SUPERFUND SITE PURSUANT TO AN AMENDED AND CONTINGENCY GROUNDWATER REMEDY SET FORTH IN THE AMENDED ROD SIGNED BY R4 ON AUG 15, 2012 (2012 AROD). THE PRPs HAVE ALSO AGREED TO PAY ASSOCIATED RESPONSE COSTS INCURRED BY EPA AT THE SITE. FROM APPROX 1973 UNTIL 1976, SEVERAL AREA TEXTILE, PAINT AND CHEMICAL MANUFACTURING FIRMS, INCLUDING THE PRPs, PAID RALPH MEDLEY, THEN OWNER OF MEDLEY FARM, AND HIS COUSIN, CLYDE MEDLEY, TO DISPOSE OF THE COMPANIES' INDUSTRIAL WASTES AT THE SITE. THE PRPs ARE GENERATORS/ARRANGERS UNDER CERCLA 107(a), WHO WERE THE TOP VOLUME CONTRIBUTORS OF THE WASTE FOUND AT THE SITE. THEY ARE THE SAME PRPs WHO ENTERED INTO THE ORIGINAL RD/RA CD WITH THE U.S. IN 1992 TO PERFORM AND FINANCE THE RD/RA WORK TO REMEDIATE SOIL AND GROUNDWATER AT THE SITE DUE TO THE PRESENCE OF VOLATILE ORGANIC COMPOUNDS (VOCs) PURSUANT TO THE AGENCY'S 1991 ROD. REGION 4 HAS DETERMINED THAT AN AMENDED AND CONTINGENCY GROUNDWATER REMEDY CONSISTING OF ENHANCED REDUCTIVE DECHLORINATION (ERD) AND MONITORED NATURAL ATTENUATION (MNA) IS NEEDED TO ACCELERATE PROGRESS TOWARD ATTAINING GROUNDWATER CLEANUP LEVELS AT THE SITE. THE STATE OF SC CONCURS WITH IMPLEMENTATION OF THE AMENDED AND CONTINGENCY GROUNDWATER REMEDY AND WITH THE TERMS OF THE CD AMENDMENT.

Defendants (1)

• ABCO INDUSTRIES LTDNamed in complaintNamed in settlement

Facilities (1)

• MEDLEY FARMS SITE

  BURNT GIN RD HWY 72, GAFFNEY, SC, 29340

  Registry ID: 110010754399

Statutes cited

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

Enforcement conclusions (2)

• ABCO INDUSTRIES, LTD., BASFentered 1992-03-27

  Primary law: CERCLA

• MEDLEY FARMS (ABCO INDUSTRIES) (04-2014-C007)entered 2014-02-03

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-07-15Enforcement Action Data Entered
• 1991-11-26Referred To Dept Of Justice
• 1992-01-17Complaint Filed With Court
• 2013-11-05Final Order Lodged
• 2014-02-03Final Order Entered
• 2014-02-03Concluded