EPA v. MURPHY AVENUE DRUMS

Case summary

EPA REQUESTS THAT A CIVIL ACTION BE BROUGHT IN GEORGIA'S NORTHERN DISTRICT COURT AGAINST THE PRP'S DISCUSSED BELOW FOR RECOVERY OF RESPONSE COSTS INCURRED BY THE U.S. IN RESPONSE TO THE RELEASE, OR THREAT OF RELEASE, OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT AT THE MURPHY AVENUE DRUM SITE LOCATED AT 1230 MURPHY AVENUE IN ATLANTA, FULTON COUNTY, GA. FROM 1992 THROUGH 1997, THE SITE WAS HOME TO BLACKSHEAR DRUM SERVICES, A DRUM STORAGE BUSINESS, OPERATED BY MR. DEMASTER BLACKSHEAR. EIGHT CORPORATIONS: NOVAMAX CORP (HENKEL CORP.); HILL MANUFACTURING CO., INC.; UNION CARBIDE CORPORATION; ABC COMPOUNDING COMPANY; SUNCO; SOUTHERN CHEMICAL; P&G DESIGNER TUBS AND DAVIS MANUFACTURING AND PACKAGING, SIC TECHNOLOGIES, INC, WERE IDENTIFIED BY MR. BLACKSHEAR AS COMPANIES WHICH GAVE HIM USED DRUMS. MR. BLACKSHEAR TRANSPORTED USED DRUMS WITH VARYING AMOUNTS OF HAZARDOUS SUBSTANCES (ACIDS, CORROSIVES, AND OXIDIZERS) FROM THESE COMPANIES TO THE SITE; THEREFORE, MR. BLACKSHEAR IS LIABLE AS THE OWNER/OPERATOR OF A FACILITY AT WHICH HAZARDOUS SUBSTANCES WERE DISPOSED, AND AS A TRANSPORTER OF HAZARDOUS WASTE UNDER CERCLA SECTIONS 107(A)(2) AND 107(A)(4), RESPECTIVELY. THE AFOREMENTIONED COMPANIES ARE ALSO LIABLE UNDER CERCLA SECTION 107(A)(3) AS GENERATORS WHO ARRANGED FOR THE DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE. 5/22/02 - TWO PARTIAL CDs ENTERED. 1. PARTIAL CD I - SETTLING DEFENDANTS: ABC COMPOUNDING COMPANY; DAVIS MANUFACTURING AND PACKAGING, INC.; HENKEL CORPORATION; HILL MANUFACTURING CO., INC.; AND UNION CARBIDE CORP. WITHIN FIVE BUSINESS DAYS, SETTLING DEFENDANTS SHALL PAY TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND $465,000 IN REIMBURSEMENT OF PAST RESPONSE COSTS. 2. PARTIAL CD II - SETTLING DEFENDANT: SOUTHERN INDUSTRIAL CHEMCIALS, INC., aka SIC TECHNOLOGIES. SETTLING DEFENDANT SHALL PAY TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND THE PRINCIPAL SUM OF $12,000 PLUS INTEREST. PAYMENT SHALL BE MADE IN 4 EQUAL PAYMENTS. THE FIRST PAYMENT OF $3,000 SHALL BE DUE WITHIN 30 DAYS. SUBSEQUENT PAYMENTS OF $3,000 PLUS INTEREST SHALL BE DUE WITHIN 120 DAYS, 210 DAYS, AND 300 DAYS. 3/5/02 - PAYMENT OF $3,000 RECEIVED FROM SIC TECHNOLOGIES. 6/5/02 - PAYMENT OF $465,000 RECEIVED. 6/11/02 - PAYMENT OF $3,000 RECEIVED FROM SIC TECHNOLOGIES. 9/11/02 - PAYMENT OF $3,000 RECEIVED FROM SIC TECHNOLGIES. 1/7/03 - FINAL PAYMENT OF $3,000 RECEIVED FROM SIC TECHNOLOGIES. MATTER CLOSED.

Defendants (8)

• ABC COMPOUNDING COMPANY, INC.Named in complaintNamed in settlement
• BLACKSHEAR, DEMASTER
• DAVIS MANUFACTURING & PACKAGINGNamed in complaintNamed in settlement
• DOTSON, ANNE B.
• HENKEL CORP.Named in complaintNamed in settlement
• HILL MANUFACTURING, INC.Named in complaintNamed in settlement
• SIC TECHNOLOGIES, INC. aka SOUTHERN INDUSTRIAL CHENamed in complaintNamed in settlement
• UNION CARBIDE CORP.Named in complaintNamed in settlement

Facilities (1)

• MURPHY AVE DRUM SITE

  1230 MURPHY AVENUE, ATLANTA, GA, 30310

  Registry ID: 110009276595

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• MURPHY AVENUE DRUMS (04-2002-C020) (Partial CD #1)entered 2002-05-22

  Primary law: CERCLA

• MURPHY AVENUE DRUMS (04-2002-C021) (Partial CD #2)entered 2002-05-22

  Primary law: CERCLA

Timeline (7 milestones)

• 2001-04-05Referred To Dept Of Justice
• 2001-04-09Enforcement Action Data Entered
• 2002-02-15Complaint Filed With Court
• 2002-05-22Concluded
• 2002-05-22Final Order Entered
• 2002-05-22Final Order Lodged
• 2003-01-07Enforcement Action Closed