EPA v. DICKERSON POST TREATING SITE (DEF. AT&T)

Case summary

THE SITE WAS A WOODTREATING FACILITY THAT CAME TO EPA'S NOTICE IN 1984. LITIGATION COMMENCED ALMOST IMMEDIATLY WITH EPA ABLE TO OBTAIN ACCESS IN 1987 ONLY BY ORDER OF THE U.S. COURT OF APPEALS, ELEVENTH CIRCUIT. AFTER A FUND-LEAD REMOVAL, EPA SUED MR. JAMES DICKERSON AND HIS CORPORATION, AMTRECO, INC., FOR RECOVERRY OF PAST COSTS UNDER SECTION 107 OF CERCLA. SOON AFTER THE UNITED STATES FILED THE COST RECOVERY ACTION, MR. DICKERSON FRAUDULENTLY CONVEYED HIS ASSETS (AMTRECO, INC. WAS DEFUNCT) TO HIS WIFE AND TO A TRUST, WHEREUPON EPA BROUGHT ACTION UNDER THE FEDERAL DEBT COLLECTION PROCEDURES ACT. THE CASE WAS AGAINST MR. DICKERSON AND AMTRECO WAS SETTLED FINALLY ON MARCH 31, 1995; IN ADDITION TO PAYMENT, MR. DICKERSON AND AMTRECO ASSIGNED TO THE U.S. THEIR THIRD AND FOURTH PARTY CLAIMS AGAINST AT&T AND LEE ENGINEERING, RESPECTIVELY, THAT WERE THE SUBJECT OF THE SETTLEMENT. THE VALUE OF THE CLAIMS HAS BEEN ESTIMATED BY THE U.S. TO BE ABOUT $180,000. THE SETTLEMENT WILL RECOVER $140,500, OR ROUGHLY SEVENTY EIGHT PERCENT (78%).

Defendants (2)

• AT&T CORPORATIONNamed in complaintNamed in settlement
• LEE ENGINEERING & CONSTRUCTION CO.Named in complaintNamed in settlement

Facilities (1)

• DICKERSON POST TREATING

  HWY 187, HOMERVILLE, GA, 31634

  Registry ID: 110009277308

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AMTRECO, INC. ET AL.entered 1995-09-22

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-09-01Enforcement Action Data Entered
• 1995-06-05Referred To Dept Of Justice
• 1995-09-22Concluded
• 1995-09-22Final Order Lodged
• 1995-09-22Final Order Entered
• 1995-09-22Complaint Filed With Court
• 1995-10-25Enforcement Action Closed