EPA v. WOOLFOLK CHEMICAL

Case summary

THIS REFERRAL SEEKS (1) REIMBURSEMENT OF PAST RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE WOOLFOLK CHEMICAL WORKS SITE; (2) AN ORDER DIRECTING ALL OF THE DEFENDANTS TO IMPLEMENT ADDITIONAL WORK DETERMINED BY EPA TO BE NECESSARY AT THE SITE; AND (3) A DECLARATION THAT THE DEFENDANTS ARE LIABLE FOR FUTURE RESPONSE COSTS INCURRED BY EPA AT THE SITE. THE SITE HAS BEEN DIVIDED INTO 4 OU'S. EPA AND CANADYNE GEORGIA CORP., ENTERED AN AOC FOR A RI/FS. ADDITIONALLY, THREE UNILATERAL ORDERS WERE ISSUED DIRECTING THE PROPOSED DEFENDANTS TO IMPLEMENT RESPONSE ACTIONS ON-SITE AND OFF-SITE. THE GROUNDWATER CONTAMINATION IS BEING ADDRESSED AS PART OF OU #1. A ROD FOR OU #3 WAS ISSUED THAT WILL ADDRESS ON-SITE CONTAMINATION, WHICH INCLUDES A CAPPED LANDFILL CONTAINING CONTAMINATED DEBRIS. OU#4 WILL ADDRESS OFF-SITE CONTAMINATION, WHICH INCLUDED ARSENIC IN ATTICS OF SOME HOUSES SURROUNDING THE SITE. THERE ARE 5 PROPOSED DEFENDANTS. WE ISSUED A UAO FOR RD/RA FOR OU #3, WHICH ALL THE PROPOSED DEFENDANTS FAILED TO COMPLY WITH. THE REFERRAL WILL SEEK TO HAVE THE DEFENDANT IMPLEMENT THE ROD FOR OU #3. ALSO, THE PROGRAM PLANS TO ISSUE THE ROD FOR OU #4 IN THE 2ND QTR OF FY 2001. THEREFORE, WE WILL SEEK AN ORDER DIRECTING THE DEFENDANTS TO IMPLEMENT REMEDIAL WORK ASSOCIATED WITH OU'S 3 AND 4.

Defendants (10)

• J.W. WOOLFOLK TRUSTNamed in complaintNamed in settlement
• CLEVELAND, THOMAS W. (ESTATE OF)Named in complaintNamed in settlement
• MATHES, JACQUELINE WOOLFOLKNamed in complaintNamed in settlement
• CANADYNE CORP.Named in settlement
• CANADYNE-GEORGIA CORP.Named in complaintNamed in settlement
• PEACH COUNTY PROPERTY, INC.Named in complaint
• REICHHOLD LIMITEDNamed in complaintNamed in settlement
• SURECO, INC.Named in complaint
• REICHHOLD, INC.Named in complaintNamed in settlement
• WOOLFOLK CHEMICAL WORKS, LTDNamed in complaintNamed in settlement

Facilities (2)

• WOOLFOLK CHEM WRKS

  126 E MAIN ST, FORT VALLEY, GA, 31030

  Registry ID: 110064243215

• WOOLFOLK CHEM WRKS

  126 E MAIN ST, FORT VALLEY, GA, 31030

  Registry ID: 110064243215

Statutes cited

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

Enforcement conclusions (2)

• WOOLFOLK CHEMICAL (04-2005-C008)entered 2005-04-08

  Primary law: CERCLA

• WOOLFOLK CHEMICAL (04-2006-C003)entered 2005-12-06

  Primary law: CERCLA

Timeline (6 milestones)

• 2000-09-29Enforcement Action Data Entered
• 2000-09-29Referred To Dept Of Justice
• 2003-03-11Complaint Filed With Court
• 2005-12-06Concluded
• 2005-12-06Final Order Entered
• 2005-12-06Final Order Lodged