EPA v. NORTH BELMONT PCE SUPERFUND SITE

Case summary

The Site consists of approximately 160 acres, and includes residences, churches, a school, and commercial real estate. The groundwater at the Site is contaminated with PCE, TCE, and DCE. There arre two suspected sources of contamination: Source Area A, the location of a former drycleaning operation at a commercial shopping center owned by the Roper family (“Roper Property”); and Source Area B, the location of a former drycleaning operation at what is now a single-family residence. The drycleaning operation operated at Source Area A from approximately 1962 to 1975, and at Source Area B from approximately 1957 to 1962. EPA placed a Federal Superfund lien on the Roper Property in March 2000. This civil action is a cost recovery action seeking recovery of EPA’s past and future costs at the Site from the Ropers, as well as a in rem action against the Roper Property. 9/9/09 - CD ENTERED (04-2009-C025). SALE OF PROPERTY AND PAYMENT OF PROCEEDS: IF THE PROPERTY HAS NOT BEEN SOLD BY THE EFFECTIVE DATE OF THIS CD, THE SETTLING DEFENDANTS SHALL PERFORM THE FOLLOWING: A. SETTLING DEFENDANTS WILL ADVANCE ALL REASONABLE COSTS TO MARKET OR SELL THE PROPERTY INCLUDING BUT NOT LIMITED TO ADVERTISING OR LISTING EXPENSES. B. SETTLING DEFENDANTS AGREE THAT THEY WILL NOT SELL, ASSIGN, TRANSFER, OR EXCHANGE THE PROPERTY EXEPT BY MEANS OF A TRANSFER. SETTLING DEFENDANTS SHALL USE THEIR BEST EFFORTS TO TRANSFER THE PROPERTY BEGINNING 60 DAYS AFTER EFFECTIVE DATE OF THIS CD. PARTIES RECOGNIZE THAT ANY PROSPECTIVE PURCHASER COULD REQUEST A LETTER FROM EPA THAT ADDRESSES WHETHER ANY FURTHER RESPONSE ACTION IS PLANNED FOR THE PROPERTY AND WHAT STEPS MUST BE TAKEN TO AVAIL ITSELF OF BONA FIDE PROPECTIVE PURCHASER STATUS. C. WITHIN 90 DAYS, SETTLING DEFENDANTS SHALL SUBMIT TO EPA INFO DOCUMENTING THEIR BEST EFFORTS TO TRANSFER THE PROPERTY. D. IF THE PROPERTY IS NOT SOLD WITHIN 24 MONTHS, SETTLING DEFENDANTS SHALL SELL THE PROPERTY AT A PUBLIC AUCTION TO THE HIGHEST BIDDER WITHIN 30 MONTHS OF THE DATE OF ENTRY OF THIS CD. E. AT LEAST 30 DAYS PRIOR TO ANY TRANSFER, SETTLING DEFENDANTS SHALL NOTIFY EPA OF THE PROPOSED TRANSFER. E. SETTLING DEFENDANT SHALL NOTIFY EPA OF THE COMPLETION OF THE TRANSFER WITH 10 DAYS AFTER THE DATE OF TRANSFER. PAYMENT OF PROCEEDS: UPON RECEIPT OF THE NET SALE PROCEEDS FROM A TRANSFER OF THE PROPERTY, SETTLING DEFENDANTS SHALL PAY TO EPA 75 PERCENT OF THE NET SALE PROCEEDS OF THE TRANSFER. PAYMENT SHALL BE MADE WITHIN 14 DAYS. 10/13/11 - AMENDED CD. UNDER THE TERMS OF THE ORIGINAL CD, THE SETTLING DEFENDANTS (THE ROPERS) HAD 24 MONTHS TO SELL THE SITE PROPERTY, ABSENT WHICH SALE THE PROPERTY WOULD BE AUCTIONED WITHIN THE SUCCEEDING SIX MONTHS. THE CD WAS AMENDED TO PROVIDE FOR AN ADD'L SIX MONTHS FOR THE ROPERS TO SELL THE PROPERTY.

Defendants (5)

• ROPER, DEBORAHNamed in complaintNamed in settlement
• ROPER, NANCYNamed in complaintNamed in settlement
• ROPER, WILLIAM J., JR.Named in complaintNamed in settlement
• ROPER, WILLIAM J., SR.Named in complaintNamed in settlement
• ROPER SHOPPING CENTER AT 510 WOODLAWN ROADNamed in complaintNamed in settlement

Facilities (1)

• NORTH BELMONT PCE SUPERFUND SITE

  5601 WOODLAWN RD, BELMONT, NC, 28012

  Registry ID: 110010617902

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104E4 — Inspection and Samples
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• NORTH BELMONT PCE SUPERFUND SITE (04-2012-C001)entered 2011-10-13

  Primary law: CERCLA

• NORTH BELMONT PCE SUPERFUND SITEentered 2009-09-09

  Primary law: CERCLA

Timeline (5 milestones)

• 2000-08-24Referred To Dept Of Justice
• 2000-09-22Complaint Filed With Court
• 2000-09-25Enforcement Action Data Entered
• 2011-10-13Final Order Entered
• 2011-10-13Final Order Lodged