EPA v. DAYTONA ANTIFREEZE

Case summary

5 SEPARATE CDS -- 04-97-C027, 04-97-C028, 04-97-C029, 04-97-C030, 04-97-C031. ON 12/11/95, REGION 4 REQUESTED DOJ TO BRING A COST RECOVERY ACTION TO RECOVERY APPROXIMATELY $357,000 UNDER CERCLA SECTION 107 AGAINST THE OPERATOR AND TWO GENERATOR PRPS AT THE DAYTONA ANTIFREEZE SITE. THE SITE IS LOCATED AT 542 BUTLER STREET IN MARIETTA, GA, IN A MIXED RESIDENTIAL AND LIGHT INDUSTRIAL AREA. RICHARD SHEPHERD OPERATED AN ANTIFREEZE RECYCLING FACILITY AT THE SITE FROM MAY 1990 UNTIL AUGUST 1991 AND OBTAINED USED ANTIFREEZE FROM NUMEROUS CAR DEALERS AND AUTOMOBILE REPAIR SHOPS IN AND AROUND THE ATLANTA AREA WHICH WAS THEN STORED AT THE SITE. WASTE OIL MIZED WITH WASTEWATER WAS ALSO COLLECTED FROM VARIOUS SOURCES AND STORED DURING THE 15-MONTH PERIOD IN WHICH THE FACILITY WAS OPERATED. IN AUGUST 1991, SHEPHERD ABANDONED THE SITE LEAVING BEHIND APPROXIMATELY 270 DRUMS AND 21 LARGE TANKS CONTAINING USED ANTIFREEZE (ETHYLENE AND GLYCOL), WASTE OIL, ACIDS, AND OTHER HAZARDOUS SUBSTANCES. THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION REQUESTED EPA TO UNDERTAKE AN IMMEDIATE CLEANUP ACTION. EPA OVERPACKED LEAKING DRUMS, TOOK SAMPLES AND SEGREGATED THE WASTE INTO COMPATIBLE WASTE SREAMS. A LOW, EARTHEN BERM WAS CONSTRUCTED AROUND THE PERIMETER OF THE SITE TO PREVENT THE MIGRATION OF HAZARDOUS SUBSTANCES. APPROXIMATELY 200,000 GALLONS OF LIQUID WASTE WAS REMOVED, TANKS AND DRUMS WERE DISMANTLED, DECONTAMINATED AND SENT OFF-SITE FOR DISPOSAL, AND A SMALL QUANTITY OF CONTAMINATED SOIL WAS EXCAVATED AND REMOVED. ON 9/29/95, EPA ENTERED INTO A PARTIAL SETTLEMENT WITH THOSE PRPS RESPONSIBLE FOR THE WASTE ANTIFREEZE FOUND AT THE SITE AND RECOVERED $250,000. SHEPHERD AND THE WASTE OIL GENERATORS REFUSED TO ENGAGE IN SETTLEMENT DISCUSSIONS. EPA HAS REQUESTED DOJ TO BRING SUIT AGAINST RICHARD SHEPHERD AND TWO WASTE OIL GENERATORS, WATKINS OMEGA, INC., AND FARMER OIL, INC., TO RECOVER THE OUTSTANDING BALANCE OF PAST COSTS.

Defendants (5)

• AMERICAN ENVIRONMENTAL CONTRACTORSNamed in complaintNamed in settlement
• ENTERPRISE WASTE OILNamed in complaintNamed in settlement
• FARMER OIL CORP.Named in complaintNamed in settlement
• HOUGHTON INTERNATIONALNamed in complaintNamed in settlement
• WATKINS OMEGA, INC.Named in complaintNamed in settlement

Facilities (1)

• DAYTONA ANTIFREEZE COMPANY

  542 BUTLER STREET, MARIETTA, GA, 30060

  Registry ID: 110001424682

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (5)

• FARMER OIL CORP. ET AL (WATKINS OMEGA)entered 1997-03-26

  Primary law: CERCLA

• FARMER OIL CORP ET AL (AMERICAN ENVIRONMENTAL CONTentered 1997-03-26

  Primary law: CERCLA

• FARMER OIL CORP ET AL (ENTERPRISE WASTE OIL CO)entered 1997-03-26

  Primary law: CERCLA

• FARMER OIL CORP. ET AL (HOUGHTON INTERNATIONAL, INentered 1997-03-26

  Primary law: CERCLA

• FARMER OIL CORP ET AL (FARMER OIL)entered 1997-03-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-12-11Enforcement Action Data Entered
• 1995-12-11Referred To Dept Of Justice
• 1995-12-14Complaint Filed With Court
• 1997-03-26Final Order Lodged
• 1997-03-26Final Order Entered
• 1997-03-26Concluded
• 2000-09-19Enforcement Action Closed