EPA v. CALHOUN PARK AREA SITE - COVENANT NOT TO SUE PORTS AUTHORITY

Case summary

THERE EXISTS IN THE CITY OF CHARLESTON, SC, AN APPROXIMATELY 18-ACRE SITE KNOWN AS THE CALHOUN PARK AREA SITE . A PORTION OF THE SITE IS OCCUPIED BY THE FORMER ANSONBOROUGH HOMES HOUSING PROJECT. THE ANSONBOROUGH HOMES PORTION OF THE SITE WAS DEVELOPED WITH GOVERNMENT ASSISTANCE AS A HOUSING PROJECT, AND HAS BEEN VACANT SINCE 1991. THE STATE PORTS AUTHORITY REQUIRES AN EASEMENT OVER THE ANSONBOROUGH HOMES PORTION OF THE SITE TO CONSTRUCT A RAILROAD CONNECTION THEREON. THE PURCHASE BY THE STATE PORTS AUTHORITY OF THE PROPERTY WILL FACILITATE THE SUBSEQUENT PURCHASE BY THE CITY OF CHARLESTON OF THE REMAINDER OF THE ANSONBOROUGH HOMES PROPERTY, WITH THE PORTS AUTHORITY RETAINING AN EASEMENT. THE SITE IS PRESENTLY THE SUBJECT OF A RI/FS. THIS RI/FS IS BEING PERFORMED UNDER AN AOC EFFECTIVE 1/23/93, BY SOUTH CAROLINA ELECTRIC AND GAS COMPANY, THE CITY OF CHARLESTON, AND THE HOUSING AUTHORITY OF THE CITY OF CHARLESTON. THE PARTIES AGREE TO UNDERTAKE ALL ACTIONS REQUIRED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PURPOSE OF THIS AGREEMENT IS TO AVOID, SUBJECT TO RESERVATIONS AND LIMITATIONS, THE POTENTIAL LIABILITY OF HTE STATE PORTS AUTHORITY FOR THE EXISTING CONTAMINATION AT THE SITE WHICH WOULD OTHERWISE RESULT FROM STATE PORTS AUTHORITY BECOMING THE OWNER OF THE PROPERTY. THE RESOLUTION OF THIS POTENTIAL LIABILITY, IN EXCHANGE FOR PROVISION BY THE STATE PORTS AUTHORITY TO EPA OF A SUBSTANTIAL BENEFIT, WILL ALLOW THE STATE PORTS AUTHORITY TO MODERNIZE ITS FACILITIES, WILL ASSIST THE CITY OF CHARLESTON IN ITS SUBSEQUENT ACQUISITION OF THE PROPERTY, WILL RELEASE FUNDS TO PROVIDE LOW COST HOUSING IN CHARLESTON, AND IS IN THE PUBLIC INTEREST.

Defendants (1)

• PORTS AUTHORITYNamed in complaint

Facilities (1)

• CALHOUN PARK AREA

  CALHOUN AT CONCORD STREET, CHARLESTON, SC, 29401

  Registry ID: 110009261887

Statutes cited

• CERCLA 122 — Superfund

Timeline (3 milestones)

• 1996-05-09Final Order Issued
• 1996-06-17Enforcement Action Data Entered
• 1998-09-30Enforcement Action Closed