EPA v. BESSEMER DRUM SITE

Case summary

THIS IS A COST RECOVERY REFERRAL UNDER SECTION 107 OF CERCLA FOR A FUND-LEAD REMOVAL CONDUCTED AT THE BESSEMER DRUM SITE IN BESSEMER, ALABAMA. A VARIETY OF CHEMICALS WERE ABANDONED BY AN ARMY-SURPLUS CHEMICAL RETAIL STORE/FLEA MARKET IN A WAREHOUSE IN BESSEMER ALABAMA. DRUMS AND OTHER CONTAINERS WERE STACKED THREE HIGH, WITH INCOMPATIBLES NEXT TO EACH OTHER, AND SOME LEAKING. FLAMMABLE VAPORS WERE ACCUMULATING IN THE WAREHOUSE. EPA CONDUCTED THE CLEANUP AND HAS INCURRED COSTS OF $467,000 AS OF NOVEMBER 1995. PRPS INCLUDE THE DEFENSE REUTILIZATION MANAGEMENT SERVICE, WHICH SELLS, TRANSFERS DISPOSES OF ARMY SURPLUS PERSONAL PROPERTY AND SOLD MOST OF THE MATERIALS ADDRESSED AT THE SITE TO THE ARMY SURPLUS BUSINESS THAT ABANDONED THE MATERIALS. ALSO RECOMMENDED AS DEFENDANTS ARE JOHNNY JONES, WHO OWNED THE PROPERTY WHERE THE MATERIALS WERE ABANDONED AND MOVED THEM TO THE SITE, AND MARK POINT PROPERTIES, INC., OWNER OF THE SITE. THE OWNER/OPERATORS OF THE ARMY SURPLUS BUSINESS THAT ABANDONED THE MATERIALS (AMERICAN SURPLUS AND SALVAGE, INC.,) LLOYD STEWART, AND JOHN GOBER ARE PRP BUT ARE NOT VIABLE AS DEFENDANTS.

Defendants (6)

• AMERICAN SURPLUS AND SALVAGE, INC.
• DEFENSE REUTILIZATION MARKETING SERVICENamed in complaintNamed in settlement
• GOBER, JOHN
• JONES, JOHNNYNamed in complaintNamed in settlement
• MARK POINT PROPERTIES, INC.Named in complaintNamed in settlement
• STEWART, LLOYD L.

Facilities (1)

• BESSEMER DRUM SITE

  817 20TH STREET, BESSEMER, AL, 35020

  Registry ID: 110009263518

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MARK POINT PROPERTIES, INC.entered 1997-02-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-09-10Enforcement Action Data Entered
• 1995-12-21Referred To Dept Of Justice
• 1997-02-18Final Order Lodged
• 1997-02-18Final Order Entered
• 1997-02-18Complaint Filed With Court
• 1997-02-18Concluded
• 1997-06-04Enforcement Action Closed