EPA v. BYPASS 601 GROUNDWATER CONTAMINATION SITE (OU3)

Case summary

A. SITE HISTORY: THE BYPASS 601 GROUNDWATER CONTAMINATION SITE (THE SITE) IS DEFINED AS AN AREA LOCATED ON THE WESTERN EDGE OF CONCORD, NORTH CAROLINA, IN WHICH GROUNDWATER IS CONTAMINATED BY MULTIPLE SOURCES. THE CITY OF CONCORD IS THE COUNTY SEAT FOR CABARRUS COUNTY. U.S. HIGHWAY 29/ROUTE 601 BYPASS PROVIDES ACCESS TO THE CITIES OF KANNAPOLIS, APPROXIMATELY SIX (6) MILES NORTH, AND CHARLOTTE, APPROXIMATELY TWENTY-ONE (21) MILES SOUTHWEST OF THE SITE. THE SITE CONSISTS OF THE MARTIN SCRAP RECYCLING (MSR) FACILITY, AN INACTIVE BATTERY SALVAGE AND RECYCLING OPERATION, AS WELL AS TEN (10) ADDITIONAL SOURCE AREAS WHICH HAVE CONTRIBUTED TO GROUNDWATER CONTAMINATION (EXHIBIT A). THESE TEN ADDITIONAL SOURCE AREAS INCLUDE PRIVATE RESIDENCES, AS WELL AS PRIVATE OPERATING AND NON-OPERATING SMALL BUSINESSES. THE MSR FACILITY BEGAN BATTERY RECYCLING OPERATIONS IN 1967 UNDER THE OWNERSHIP AND OPERATION OF OLIVER MARTIN (ALTHOUGH THE PROPERTY WAS CO-OWNED BY OLIVER'S WIFE, CARRIE MARTIN). FROM 1955-1966, OLIVER MARTIN OPERATED A SIMILAR ENTERPRISE UNDER THE NAME OF OLIVER MARTIN BATTERY SALVAGE. OLIVER MARTIN BATTERY SALVAGE WAS LOCATED ON A PIECE OF PROPERTY JUST ACROSS THE STREET FROM THE PRESENT MSR FACILITY. OLIVER MARTIN CLOSED THE BUSINESS IN 1966, AND SOLD THE PROPERTY, WHICH IS NOW ONE OF THE TEN (10) ADDITIONAL SOURCE AREAS INCLUDED IN THE SITE DESCRIPTION. OLIVER MARTIN OPERATED THE CURRENT MSR FACILITY FROM 1967 TO 1979. IN 1979, OLIVER SOLD THE ASSETS AND OPERATION OF MSR TO HIS SON, BILL MARTIN, WHO OPERATED THE FACILITY AS A SCRAP METAL AND LEAD BATTERY RECYCLING FACILITY UNTIL IT WAS CLOSED IN 1986. AT THE TIME OF ITS CLOSING, MSR FILED FOR BANKRUPTCY. THE AGENCY IS CURRENTLY DETERMINING THE STATUS OF THE BANKRUPTCY PROCEEDINGS. B. MSR'S OPERATIONS: THE MSR FACILITY (AS WELL AS THE OLD OLIVER MARTIN BATTERY SALVAGE COMPANY), DERIVED REVENUE FROM THE RECOVERY OF SEVERAL TYPES OF SCRAP METAL, MOST NOTABLY LEAD, WHICH WAS RECOVERED FROM SCRAP VEHICLE BATTERIES. THE BATTERIES WERE CRACKED BY SAWING OFF THE TOPS WITH AN ELECTRIC SAW. THE ACID FROM THE BATTERIES WAS DRAINED, AND LEAD PLATES WERE THEN REMOVED FOR THE SALE AS SCRAP METAL. THE WASTES FROM THE BATTERIES AND BATTERY CASINGS INCLUDED SULFURIC ACID AND LEAD. C. RELEASES OF HAZARDOUS SUBSTANCES: DURING THE PERIOD OF 1966 THROUGH 1979, WHEN OLIVER MARTIN OWNED AND OPERATED THE MSR FACILITY, HAZARDOUS SUBSTANCES WERE RELEASED THROUGH THE BATTERY RECYCLING PROCESS. A SURFACE IMPOUNDMENT ON THE PROPERTY RECEIVED THE WASTE SULFURIC ACID FROM THE BATTERIES, WHICH WAS NEUTRALIZED WITH SODA ASH. OVERFLOW FROM THE SURFACE IMPOUNDMENT WOULD RUNOFF INTO THE IRISH BUFFALO CREEK, WHICH FLOWS ALONG THE EASTERN BOUNDRY OF THE MSR PROPERTY. TO DIVERT THIS WASTE DISCHARGE FROM THE CREEK, A SUBSURFACE DRAIN WAS INSTALLED DOWNGRADIENT FROM THE SURFACE IMPOUNDMENT. AFTER THE DRAIN WAS INSTALLED, OVERFLOW PERCOLATED INTO THE GROUND. THE USED BATTERY CASINGS WERE CRUSHED, MIXED WITH GRAVEL, AND DEPOSITED ON MSR'S PROPERTY AS FILL MATERIAL. ADDITIONAL EVIDENCE INDICATES THAT THESE CASINGS WERE ALSO USED AS FILL MATERIAL (AS REGULAR PRACTICE) AT SEVERAL OF THE OTHER TEN (10) SOURCE AREAS DURING THIS PERIOD. IN 1979, OLIVER MARTIN SOLD THE ASSETS OF THE MSR FACILITY TO HIS SON, BILL MARTIN. BILL MARTIN CONTINUED THE LEAD RECLAMATION OPERATIONS, BUT NO LONGER BURIED THE BATTERY CASINGS ON-SITE. INSTEAD, BILL MARTIN DISPOSED OF THE CHIPPED BATTERY CASINGS AT THE CABARRUS COUNTY SANITARY LANDFILL UNTIL 1982. THE CABARRUS COUNTY SANITARY LANDFILL IS NOT ONE OF THE TEN (10) OTHER SOURCE AREAS WHICH MAKE UP THE SITE. IN 1982, MSR DISCONTINUED USE OF THE ON-SITE SURFACE IMPOUNDMENT. HAZARDOUS WASTES, INCLUDING SULFURIC ACID AND LEAD FROM BATTERIES, WAS GRAVITY-FED TO TWO STAINLESS STEEL HOLDING TANKS. LEAD PARTICLES SETTLED OUT AND THE SULFURIC ACID WAS PUMPED TO TANKER TRUCKS AND SHIPPED TO A BUYER FOR R

Defendants (81)

• C & C SCRAP IRON & METAL, INC.Named in complaintNamed in settlement
• CAMDEN STEEL & METAL CO.Named in complaintNamed in settlement
• FARMVILLE IRON & METAL CO.Named in complaintNamed in settlement
• GNB BATTERY TECH., INC. F/K/A GNB INC.Named in complaintNamed in settlement
• GRAHAM BATTERY CO., INC.Named in complaintNamed in settlement
• GRANT, GEORGE W.Named in complaintNamed in settlement
• GREAT ATLANTIC & PACIFIC TEA CO., INC.Named in complaintNamed in settlement
• GREER RECYCLING CO.Named in complaintNamed in settlement
• H. LUREY & SON CO., INC.Named in complaintNamed in settlement
• HAYES IRON & METAL INC.Named in complaintNamed in settlement
• HERCULES INCORPORATEDNamed in complaintNamed in settlement
• HICKORY SCRAP IRON & METAL CO., INC.Named in complaintNamed in settlement
• HOLLMET REC.CORP.F/K/A HOLLAND METAL PARNamed in complaintNamed in settlement
• HOLMES IRON & METAL., INC.Named in complaintNamed in settlement
• HUFF'S IRON & METAL CO., INC.Named in complaintNamed in settlement
• INDUSTRIAL BATTERY & CHARGER, INC.Named in complaintNamed in settlement
• INDUSTRIAL METAL PROCESSING, INC.Named in complaintNamed in settlement
• JORDAN SCRAP METAL OF FLORENCENamed in complaintNamed in settlement
• K & W RECYCLING, INC.Named in complaintNamed in settlement
• L. GORDON IRON & METAL CO.Named in complaintNamed in settlement
• LEE IRON & METAL CO., INC.Named in complaintNamed in settlement
• LEVIN BROTHERS, INC.Named in complaintNamed in settlement
• MAIN AUTO PARTS CO., INC.Named in complaintNamed in settlement
• MARSH AUTO PARTS, INC.Named in complaintNamed in settlement
• MARTINSVILLE IRON & STEEL CO., INC.Named in complaintNamed in settlement
• …and 56 more

Facilities (1)

• MARTINS SCRAP RECYCLING INCORPORATED

  440 HIGHWAY 29 NORTH, CONCORD, NC, 28025

  Registry ID: 110001102770

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AT&T;ACKERMAN METALS, ET. ALentered 1995-01-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-10-05Enforcement Action Data Entered
• 1993-02-03PRN Sent
• 1994-03-24Referred To Dept Of Justice
• 1994-08-02Complaint Filed With Court
• 1995-01-25Final Order Lodged
• 1995-01-25Final Order Entered
• 1995-01-25Concluded