EPA v. CEDARTOWN BATTERY SUPERFUND SITE

Case summary

THIS IS A CLEANING OF A BATTERY CRACKING OPERATION THAT EXISTED FROM THE 1960'S UNTIL 1977. THE LAND WAS AND IS OWNED BY AMSOUTH BANK, N.A. AS TRUSTEE OF THE WILLIAM M. LEARY TRUST. THE OPERATORS (ALBERT & HENRY DINGLER) ARE DEAD AND THERE ARE NO RECORDS. THE INFORMATION ON THE GENERATORS CAME FROM INTERVIEWS OF JOHN AND DONALD DINGLER (SONS AND BROTHERS OF THE OPERATORS), WHO PICKED UP BATTERIES AT VARIOUS GENERATOR LOCATIONS AND DROVE THEM TO CEDARTOWN FOR CRACKING. JOHN DINGLER USED THE SITE TO SPLIT 100 BATTERIES/WK FOR A 4-6 MONTH PERIOD IN 1977. APPROXIMATELY 2.16 MILLION BATTERIES WERE BROKEN OPEN AT THE SITE TO REDEEM THE LEAD. SUPERFUND WAS CONTACTED BY A CONCERNED CITIZEN IN 1988, AND CONDUCTED A 2-STAGE FUND LEAD REMOVAL FROM JUNE TO JULY 1991. THE CONTAMINANT OF CONCERN WAS LEAD. COSTS TO DATE AT THE SITE TOTAL $1,561,025.90. THIS ACTION SEEKS TO RECOVER THOSE REMOVAL (AND OVERHEAD) COSTS. THREE OF THE PRP'S - AMSOUTH BANK, N.A., HESTER BATTERY, AND MACON BATTERY, HAVE MADE SETTLEMENT OFFERS TOTALLING $221,335.65. EPA IS RECOMMENDING THAT THOSE OFFERS BE ACCEPTED, AND NO FURTHER ENFORCEMENT ACTION BE TAKEN, IN LIGHT OF A) THE LACK OF DOCUMENTARY EVIDENCE. B) THE SMALL NET WORTH OF ALL BUT ONE OF THE GENERATOR PRP'S )$10 - 90,000). C) THE SMALL VOLUME OF BATTERIES ACCOUNTED FOR BY THESE GENERATORS (5.6% OF THE TOTAL VOLUME). AMSOUTH IS OFFERING ALL BUT APPROXIMTELY $35,000 OF THE WORTH OF THE TRUST.

Defendants (5)

• AMSOUTH BANK OF ALABAMANamed in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 3Named in complaintNamed in settlement
• MCMAHON, AARON, D/B/A HESTER BATTERYNamed in complaintNamed in settlement
• PARKER, CARL L.Named in complaintNamed in settlement

Facilities (1)

• CEDARTOWN BATTERY

  HWY 100 W OF CEDARTOWN (2-3 MILES), CEDARTOWN, GA, 30125

  Registry ID: 110009277601

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• AMSOUTH BANK OF ALABAMAentered 1994-12-05

  Primary law: CERCLA

• AMSOUTH BANK OF AL. (MCMAHON)entered 1994-12-05

  Primary law: CERCLA

• AMSOUTH BANK OF AL. (PARKER)entered 1994-12-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-10-01Enforcement Action Data Entered
• 1994-03-31Referred To Dept Of Justice
• 1994-12-05Final Order Lodged
• 1994-12-05Final Order Entered
• 1994-12-05Complaint Filed With Court
• 1994-12-05Concluded
• 1995-01-04Enforcement Action Closed