EPA v. WHITEHOUSE WASTE OIL PITS

Case summary

ABANDONED WASTE OIL SLUDGE PITS POSE RISKS TO GROUNDWATER, SURFACE WATER, AND DIRECT EXPOSURE. THE PRPS ARE 75 GENERAT ORS OF WASTE OILS AND ONE FORMER OWNER AND ONE CURRENT OWNER OF A SMALL PORTION OF THE SITE. THE FORMER OWNER/ OPERATOR IS DEFUNCT. RD/RA AND COST RECOVERY ARE SOUGHT. WHITEHOUSE IS PART OF THE ALLOCATION PILOT PROJECT, A NATIONAL INITIATIVE TO USE THE ALLOCATION PROCESS OF THE SUPERFUND REFORM ACT OF 1994 (PROPOSED) AS A MEANS OF ALLOCATING SHARES OF RESPONSIBILITY. CASE SUMMARY FOR REFERRAL - IN THIS SETTLEMENT, EPA IS SETTLING ITS CERCLA 107(A) CLAIMS AGAINST THE SETTLING WORK DEFENDANTS, SETTLING CASH-OUT DEFENDANTS, AND THE SETTLING FEDERAL AGENCIES FOR THE PERFORMANCE OF THE RA AND ALL PAST AND FUTURE RESPONSE COSTS AT THE SITE SUBJECT TO CERTAIN REOPENERS. IN 1998, EPA INVITED ALL PRP'S FOR THE SITE TO PARTICIPATE IN A SUPERFUND COST ALLOCATION PILOT ( PILOT ). AS A COMPONENT OF THE PILOT, EPA EXPRESSED ITS INTENT TO FINANCE THE SHARES OF PARTIES WHO WERE INSOLVENT OR DEFUNCT (THE ORPHAN SHARE ) AND THE SHARES OF PARTIES WHO REFUSE TO SETTLE, SUBJECT TO BUDGETARY AND LEGAL CONSTRAINTS. ON JANUARY 31, 2000, THE ALLOCATOR ISSUED A FINAL ALLOCATION REPT. FOR THE PILOT THAT STATED THE RESPECTIVE SHARES OF RESPONSIBILITY FOR ALL PARTIES, INCLUDING THE OWNER/OPERATORS AND GENERATORS OF HAZARDOUS SUBSTANCES AT THE SITE. THE SETTLEMENT IS BASED UPON THE SHARES OF RESPONSIBILITY ASSIGNED TO PARTIES IN THE PILOT WHICH HAVE BEEN DETERMINED TO BE MAJOR PARTIES BY EPA. A SEPARATE CERCLA 122(H) DE MINIMIS SETTLEMENT AGREEMENT HAS ALREADY BEEN ENTERED INTO WITH THE DE MINIMIS PARTIES AT THE SITE. REFERRED DEFENDANTS: CITY OF JACKSONVILLE, FL; CITY OF STARKE; CHEVRON USA; FLORIDA EASTCOAST RAILWAY; ANCHOR GLASS CONTAINER CORP.; CSX TRANSPORTATION, INC.; DAVID J. JOSEPH COMPANY; BP CORP.; EXXON MOBIL CORP.; RYDER TRUCK RENTAL, INC.; NORFOLK SOUTHERN RAILWAY CO.; WESTERN AUTO SUPPLY COMPANY; USA PETROLEUM; VIACOM, INC.

Defendants (123)

• CYTEC INDUSTRIES, INC.
• MIMS LINCOLN-MERCURY
• MOON'S GARAGE, INC.
• NATIONAL CAR RENTALS
• NIMNICHT CHEVROLET COMPANY
• NORTH FLORIDA LINCOLN MERCURY
• NORTH FLORIDA MOTOR COMPANY
• ORANGE BUICK CO.
• ORANGE BUICK-GMC TRUCK CO.
• U.S. DEPARTMENT OF TRANSPORTATIONNamed in settlement
• BP CORP - NORTH AMERICA, INC.Named in complaintNamed in settlement
• NORFOLK SOUTHERN RAILWAY COMPANYNamed in complaintNamed in settlement
• DAVID J. JOSEPH COMPANYNamed in complaintNamed in settlement
• DAYTONA LINCOLN MERCURY, INC.
• DUVAL MOTOR COMPANY
• ESSO CORP.
• EXXON MOBIL CORPORATIONNamed in complaintNamed in settlement
• FLORIDA DEPARTMENT OF TRANSPORTATION
• FLORIDA EAST COAST RAILWAY COMPANYNamed in complaintNamed in settlement
• FLORIDA ROCK & TANK LINES, INC.
• GREAT SOUTHERN TRUCKING CO.
• GULF OIL CORP.
• HERTZ CORP.
• HERTZ RENT-A-CAR SYSTEM
• FLORIDA TRUCK SERVICE
• …and 98 more

Facilities (1)

• WHITEHOUSE OIL PITS

  ONE HALF MILE N OF HWY 90, WHITEHOUSE, FL, 32220

  Registry ID: 110009275435

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WHITEHOUSE WASTE OIL PITS (04-2002-C018)entered 2002-04-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-05-07PRN Sent
• 1999-01-25Enforcement Action Data Entered
• 2001-09-20Referred To Dept Of Justice
• 2001-12-17Complaint Filed With Court
• 2001-12-17Final Order Lodged
• 2002-04-15Final Order Entered