EPA v. CEDARTOWN INDUSTRIES

Case summary

THE CEDARTOWN INDUSTRIES SITE (SITE) COVERS APPROXIMATELY 6.8 ACRES AND IS LOCATED ABOUT ONE-HALF MILE FROM DOWNTOWN AT 404 FURNACE STREET IN CEDARTOWN, GEORGIA. FROM 1978 TO 1980, THE SITE WAS USED AS A SECONDARY LEAD SMELTING BUSINESS WHICH USED RAW LEAD MATERIALS AND RECYCLED THEM BY A MELTING AND SKIMMING PROCESS. THE CURRENT OWNERS OF THE SITE, ANN AND RAY LEWIS, ARE LEASING THE PROPERTY TO H&W TRANSFER COMPANY, WHICH USES THE SITE FOR THE PARKING AND MAINTENANCE OF VEHICLES. THE SITE IS BORDERED BY CEDAR CREEK ON THE WEST, AND A CHAIN LINK FENCE TO TEH NORTH, SOUTH, AND EAST. A LEVEE, CONSTRUCTED IN 1980, BORDERS THE SITE TO THE WEST, NORTH, AND SOUTH, AND IS DESIGNED TO PROTECT THE SITE FROM A 100-YEAR FLOOD. IMMEDIATELY NORTH OF THE SITE IS A NARROW STRIP OF LAND AND RAILROAD TRACKS OWNED BY CSX TRANSPORTATION, AND BEYOND THE TRACKS IS A JUNKYARD THAT HAS BEEN IN EXISTENCE SINCE AT LEAST THE 1940'S. ACROSS THE STREET TO THE EAST IS A FARM SUPPLY STORE THAT IS NOW OUT OF BUSINESS, AND TO THE SOUTH IS A LARGE, PARTIALLY WOODED AREA OWNED BY THE LEWISES. IN GENERAL, LAND USE IN THE VICINITY OF THE SITE, EXPECIALLY TO THE SOUTH AND WEST, IS LARGELY AGRICULTURAL AND INDUSTRIAL. SITE HISTORY THE SITE WAS INITIALLY OPERATED AS AN IRON FOUNDRY UNDER THE NAME CHEROKEE FURNACE. THE FOUNDRY OPENED AROUND 1874 WITH A CAPACITY OF ABOUT 50 TONS PER DAY. AT THE TURN OF THE CENTURY, THE FURNACE WAS PROCESSING ABOUT 100 TONS PER DAY. THE ORE FOR THE FURNACE WAS SUPPLIED BY THE NUMEROUS IRON MINES NORTHWEST OF THE SITE, AMONG THEM, THE CHEROKEE MINE RUN BY THE ALABAMA AND GEORGIA IRON CO. THE PRINCIPLE ORE MINERAL WAS LIMONITE, ALONG WITH MINOR IRON HYDROXIDES (GOETHITE, XANTHOSIDERIT, LIMONITE). ORE WAS REPORTEDLY SHIPPED TO THE FURNACE ALONG A NARROW GAUGE RAILWAY THAT CROSSED CEDAR CREEK JUST SOUTH OF THE PRESENT CSX RAIL LINE. IN THE 1930'S, MR. A. C. DUKE BOUGHT THE FURNACE AND CHANGE THE NAME TO CEDARTOWN FOUNDRY. THE FOUNDRY REPORTEDLY SUPPLIED WATER PUMPS TO THE FORD MOTOR COMPANY DURING THIS PERIOD AS WELL AS PLOW BLADES TO ROME PLOW COMPANY. THE PROPERTY CHANGED OWNERSHIP IN SEPTEMBER 1939, BUT STILL OPERATED AS A MACHINE SHOP. ON FEBRUARY 13, 1978, CEDARTOWN INDUSTRIES, INC. (CI) WAS INCORPORA

Defendants (9)

• ANN P. LEWISNamed in complaintNamed in settlement
• CEDARTOWN DEVELOPMENT AUTHORITY
• DOUGLAS MICKEY
• JOHN MCINNIS SR.
• RAY A. LEWISNamed in complaintNamed in settlement
• SANDERS LEAD CO. INC.Named in complaintNamed in settlement
• VICTOR LAXSONNamed in complaintNamed in settlement
• W.S. NEWELL
• N. KENNETH CAMPBELLNamed in complaintNamed in settlement

Facilities (1)

• CEDARTOWN INDUSTRIES, INC.

  404 S. FURNACE STREET, CEDARTOWN, GA, 30125

  Registry ID: 110009335228

Statutes cited

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

Enforcement conclusions (1)

• SANDERS LEAD,ET.AL.(CEDARTOWN)entered 1994-05-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-10-01Enforcement Action Data Entered
• 1993-01-15PRN Sent
• 1993-09-30Referred To Dept Of Justice
• 1994-05-24Concluded
• 1994-05-24Final Order Lodged
• 1994-05-24Final Order Entered
• 1994-05-24Complaint Filed With Court