EPA v. WALKER SPRINGS WOOD TREATER

Case summary

THE WALKER SPRINGS WOOD TREATER SITE IN WALKER SPRINGS, CLARKE COUNTY, ALABAMA IS AN INACTIVE WOOD TREATING FACILITY LOCATED ON A HALF-ACRE PORTION OF A 35-ACRE WOODED PARCEL OWNED BY MR. HYBARD PAUL. THE SITE IS LOCATED 200 YARDS EAST OF COUNTY ROAD 19 AND THE AREA SURROUNDING IT IS PRIMARILY WOODED OR RESIDENTIAL. THERE WERE VARIOUS STRUCTURES ON THE CONTAMINATED HALF-ACRE SITE. THEY INCLUDED AN OPEN CHARGE TANK, A LEAKING HORIZONTAL TANK, A BOILER, AND A LAGOON. THE LAGOON HELD CREOSOTE- CONTAMINATED WASTEWATER, THE MAIN SOURCE OF SOIL AND SEDIMENT CONTAMINATION. EPA CONDUCTED A REMOVAL ACTION ON THE SITE BY, AMONG OTHER THINGS, REMOVING CONTAMINATED DEBRIS AND BIOREMEDIATING CONTAMINATED SOIL. EPA'S TOTAL SITE COSTS THROUGH JANUARY 10, 2001 TOTAL $1,414,431.64. EPA HAS IDENTIFIED ONLY ONE PRP AS A DEFENDANT TO THIS ACTION. MR. PAUL IS LIABLE AS THE CURRENT OWNER OF THE PROPERTY. THEREFORE, EPA SOUGHT TO RECOVER ALL COSTS OF REMOVAL UNDERTAKEN BY THE U.S. GOVERNMENT. THE PRP HAS RAISED THE INNOCENT LANDOWNER DEFENSE TO CERCLA LIABILITY. THIS CASE WOULD BE PRECEDENTIAL IF THE INNOCENT LANDOWNER DEFENSE WAS RAISED BECAUSE THIS WOULD BE THE FIRST CASE IN ALABAMA'S SOUTHERN DISTRICT COURT AND IN THE 11TH CIRCUIT WHERE THE COURT WOULD CONSIDER THE APPLICABILITY OF THE INNOCENT LANDOWNER DEFENSE.

Defendants (1)

• PAUL, HYBARDNamed in complaintNamed in settlement

Facilities (1)

• WALKER SPRINGS WOOD TREATER

  MT GILLEAU BAPTIST CHURCH RD, WALKER SPGS, AL, 36586

  Registry ID: 110009263983

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Walker Springs Consent Decree (Hybard, Paul)entered 2002-05-10

  Primary law: CERCLA

Timeline (7 milestones)

• 2001-02-27Referred To Dept Of Justice
• 2001-03-12Complaint Filed With Court
• 2001-04-07Enforcement Action Data Entered
• 2002-05-10Concluded
• 2002-05-10Final Order Entered
• 2002-05-10Final Order Lodged
• 2002-07-11Enforcement Action Closed