EPA v. KOPPERS CHARLESTON (GENERAL DIESEL SETTLEMENT)

Case summary

THE KOPPERS CHARLESTON SITE IS LOCATED IN CHARLESTON, SC. THE SITE ENCOMPASSES APPROX. 102 ACRES AND IS LOCATED ON THE WEST SIDE OF THE PENINSULA FORMED BY THE ASHLEY AND COOPER RIVERS. FROM 1940 TO 1977, KOPPERS CO., INC. OPERATED A WOOD TREATING FACILITY ON THE NORTHERN 45 ACRE PORTION OF THE SITE. KOPPERS' OPERATIONS CONSISTED PRIMARILY OF TREATING LUMBER WITH CREOSOTE, PENTACHLOROPHENOL, AND CHROMATED COPPER ARSENATE. IT HAS BEEN ESTIMATED THAT FIVE TO SEVEN MILLION GALLONS OF CREOSOTE WAS RELEASED INTO THE ENVIRONMENT BY KOPPERS DURING ITS OPERATION AT THE SITE. IN 11/84, DREDGING OPERATIONS ON A 57 ACRE PROPERTY SOUTH OF THE FORMER KOPPERS PROPERTY UNCOVERED CREOSOTED POLES AND RESULTED IN A FISH KILL ON THE IMMEDIATE VICINITY OF THE ASHLEY RIVER. THIS PARCEL, ALONG WITH THE FORMER KOPPERS PARCEL, COMPRISE THE 102 ACRES OF THE SITE. KOPPERS IS THE CORPORATE PREDECESSOR TO BEAZER EAST, INC, WHICH HAS ASSUMED ALL LIABILITY INCURRED BY KOPPERS. IN 1988, EPA CONDUCTED A SITE INSPECTION TO GATHER THE NECESSARY INFO REQUIRED TO PREPARE THE HAZARD RANKING SYSTEM PACKAGE. BASED ON TEH RESULTS OF THIS INVESTIGATION, THE SITE WAS PROPOSED FOR INCLUSION ON THE NPL IN 2/92 AND BECAME FINAL IN 12/94. IN 1/93, BEAZER AGREED TO PERFORM AN RI/FS PURSUANT TO AN AOC (DOCKET # 93-02-C) TO DEFINE THE NATURE AND EXTENT OF CONTAMINATION PRESENT AT THE SITE. THE FINAL RI REPORT WAS RELEASED IN 1/95, AND THE FS WAS COMPLETED IN 12/96. A DECISION BY EPA TO IMPLEMENT INTERIM REMEDIAL ACTIVITY AT THE SITE IS EMBODIED IN AN INTERIM ROD, EXECUTED ON 3/29/95. TO EXPEDITE THE IMPLEMENTATION OF THE INTERIM ACTION, A UAO WAS ISSUED TO BEAZER IN 5/95 (DOCKET # 95-18-C). TWO REMOVALS HAVE BEEN CONDUCTED AT THE SITE, AND THE INTERIM ROD ACTION TO ELIMINATE OFF-SITE MIGRATION OF CONTAMINANTS WAS COMPLETED IN 8/97. THE FINAL SITE-WIDE ROD WAS EXECUTED ON 4/29/98. KOPPERS SOLD ITS 45 ACRE PARCEL IN 1978, AND SINCE THAT TIME THE PROPERTY HAS BEEN USED BY SEVERAL BUSINESS. ONE BUSINESS STILL IN OPERATION AT THE SITE IN GENERAL DIESEL, INC., A MARINE AND VEHICLE DIESEL ENGINE REPAIR SHOP. GENERAL DIESEL HAS RELEASED MINIMAL AMOUNTS OF DIESEL ENGINE WASTE OIL AT THE SITE, AND IS CURRENTLY A DEFENDANT IN A LAWFUIT FILED BY BEAZER, THE SUCCESSOR IN INTEREST TO KOPPERS, FOR CONTRIBUTION AND OTHER COMMON LAW CLAIMS. GENERAL DIESEL INDICATED A WILLINGNESS TO NEGOTIATE A CASH OUT SETTLEMENT FOR ITS LIABILITY IN CONNECTION WITH THE SITE ON AN ABILITY TO PAY BASIS. GENERAL DIESEL HAS EXPERIENCED A DECLINE IN BUSINESS ACTIVITY AND REVENUE OVER THE RECENT YEARS. FINANCIAL ANALYSTS FROM EPA AND DOJ HAVE REVIEWED FINANCIAL DOCUMENTATION RECEIVED FROM GENERAL DIESEL, AND HAVE DETERMINED THAT GENERAL DIESEL IS UNABLE TO PAY MORE THAN THE PROPOSED SETTLEMENT AMOUNT WITHOUT CAUSING THE COMPANY UNDUE FINANCIAL HARDSHIP. GENERAL DIESEL IS PAYING THE MAXIMUM AMOUNT IT CAN AFFORD FOR ITS SHARE OF RESPONSE COSTS. EVEN THOUGH THE AMOUNT TO BE COLLECTED UNDER THIS SETTLEMENT IS MINIMAL, IT IS CONSISTENT WITH THE SMALL AMOUNT OF CONTAMINATION CONTRIBUTED TO THE SITE BY GENERAL DIESEL IN COMPARISON TO THE 5 TO 7 MILLION GALLSON OF CREOSOTE RELEASED BY KOPERS DURING ITS PERIOD OF OPERATION. THE COMPLAINT SEEKS INJUNCTIVE RELIEF IN ORDER TO REMEDY CONDITIONS IN CONNECTION WITH THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT AND FROM THE SITE, AND ALSO SEEKS TO RECOVER UNREIMBURSED COSTS INCURRED AND TO BE INCURRED FOR RESPONSE ACTIVITIES UNDERTAKEN AND TO BE UNDERTAKEN AT THE SITE. THE CONCURRENT SETTLEMENT PROVIDES FOR GENERAL DIESEL TO PAY THE U.S. $500.00 WITHIN 30 DAYS OF ENTRY OF THE CD AND GIVE GENERAL DIESEL FULL CONTRIBUTION PROTECTION AND A COVENANT NOT TO SUE BY THE U.S. THE CD COMPLETELY RESOLVES THE LIABILTY OF

Defendants (1)

• GENERAL DIESEL, INC.Named in complaintNamed in settlement

Facilities (1)

• KOPPERS CO., INC. (CHARLESTON PLANT)

  CHARLESTON HEIGHTS, CHARLESTON, SC, 29405

  Registry ID: 110009311039

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• KOPPERS CHARLESTON (GENERAL DIESEL, INC.)entered 1998-08-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-05-01Referred To Dept Of Justice
• 1998-06-02Complaint Filed With Court
• 1998-07-01Enforcement Action Data Entered
• 1998-08-25Final Order Lodged
• 1998-08-25Final Order Entered
• 1998-08-25Concluded
• 1998-09-29Enforcement Action Closed