EPA v. SAAD SITE - ACCESS

Case summary

THE AGENCY REQUESTS THAT THE DEPARTMENT OF JUSTICE FILE, IN THE PROPER COURT, A COMPLAINT AND A MOTION FOR AN ORDER IN AID OF IMMEDIATE ACCESS GRANTING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND ITS REPRESENTATIVES ACCESS TO THE SADD TROUSDALE ROAD SITE (THE SITE ), WHICH PROPERTY IS OWNED BY ELLIS AND KATHY SAAD, THE DEFENDANTS. ACCESS IS NEEDED FOR THE PURPOSE OF CONTINUING AND CONCLUDING A REMOVAL ACTION AT THE SITE. THE AGENCY IS ALSO REQUESTING THAT CIVIL PENALTIES BE SOUGHT IN THE ACTION. THE SITE IS LOCATED AT 3655 TROUSDALE ROAD, NASHVILLE, TENNESSEE, AS PRESENTED IN THE SITE LOCATION MAP ATTACHED HERETO AS EXHIBIT 1. THE IMMEDIATE VICINITY IS AN INDUSTRIAL AREA OF NASHVILLE WITH THE ALLIED INDUSTRIAL PARK TO THE NORTHEAST AND THE SITE ITSELF WITHIN THE EAST RADNOR INDUSTRIAL SUBDIVISION. THE SITE COVERS APPROXIMATELY 0.4 ACRES OF PROPERTY AND INCLUDES AN ONSITE BUILDING WHICH IS USED FOR STORAGE. THE SITE IS BOUNDED ON THE NORTH BY KLEIN'S CUSTOM COACH CO., INC., ON THE SOUTH BY FRANKLIN BRICK CO., ON THE EAST BY TROUSDALE ROAD, AND ON THE WEST BY THE CSX RAILROAD RADNOR YARD PROPERTY, AS DEPICTED IN THE SITE MAP ATTACHED HERETO AS EXHIBIT 2. THE LEGAL DISCRIPTION FOR THE SITE PROPERTY OWNED BY DEFENDANTS IS SET FORTH ON A DEED EXECUTED ON AUGUST 18, 1988, ATTACHED HERETO AS EXHIBIT 3. JOHN P. SAAD & SONS, INC., OPERATED A WASTE RECLAMATION FACILITY ON THE SITE FROM APPROXIMATELY 1971 UNTIL 1983. DURING THIS TIME, HAZARDOUS SUBSTANCES WERE STORED AND DISPOSED OF ON SITE. THE STORAGE AND DISPOSAL PRACTICES USED AT THE SITE RESULTED IN THE RELEASE OF HAZARDOUS SUBSTANCES INTO BOTH THE SOIL AND GROUNDWATER. THE SITE WAS FIRST NOTED AS A POLLUTION SOURCE IN 1978, WHEN A DISCHARGE POND LOCATED AT THE REAR OF THE SITE WAS FOUND TO CONTAIN SOLVENTS. THE DISCHARGE POND WAS LOCATED OVER A SUSPECTED SINK AREA THAT HAS BEEN FILLED. THE SUSPECTED SINK AREA RECEIVED CHEMICAL WASTES FROM THE SITE AND WAS THOUGHT TO BE HYDROLOGICALLY CONNECTED TO A LARGE SPRING ON THE CROFT FARM, WHICH IS LOCATED LESS THAN ONE MILE DOWNGRADIENT OF THE SITE. THE CROFT FARM PROPERTY WAS A 300 ACRE PROPERTY THAT WAS CONVERTED INTO A RECREATION PARK, ZOO AND OFFICE PARK. IN MARCH OF 1979, THE STATE OF TENNESSEE FILED A COMPLAINT AGAINST JOHN P. SAAD & SONS, INC., FOR IMPROPER DISPOSAL PRACTICES. ELLIS SAAD, ONE OF THE DEFENDANTS IN THIS ACTION, WAS NAMED AS A DEFENDANT ON THE COMPLAINT IN THE STATE ACTION. SAMPLES GATHERED AT THE SITE REVEAL THE FOLLOWING PRINCIPLE CONTAMINANTS: ETHYBENZENE, TOLUENE, XYLENE, TETRACHLOROETHYLENE, PCBS, CADIUM, AND LEAD. THESE CONTAMINANTS HAVE BEEN FOUND AT LEVELS THAT EXCEED FEDERAL DRINKING WATER STANDARDS IN AT LEAST ONE GROUNDWATER SAMPLE AT THE SITE. IN JULY 1980, EPA, REGION IV, PERFORMED A HAZARD RANKING AT THE SITE. THE SITE SCORED 21.13; A SCORE OF 28.5 IS REQUIRED FOR PLACEMENT ON THE NATIONAL PRIORITIES LIST.

Defendants (2)

• SAAD, ELLISNamed in complaint
• SAAD, KATHYNamed in complaint

Facilities (1)

• JOHN P SAAD & SONS, INC.

  .0000 .0000, NASHVILLE, TN, 37204

  Registry ID: 110017766782

Statutes cited

• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1993-03-25Enforcement Action Data Entered
• 1993-11-08Referred To Dept Of Justice
• 1994-01-04Complaint Filed With Court
• 1994-05-23Concluded
• 1994-05-23Enforcement Action Closed