EPA v. SOUTHERN ASBESTOS SUPERFUND SITE

Case summary

DEFENDANT GODLEY AUCTION COMPANY, INC. ( GODLEY ) ACQUIRED THE FORMER ASBESTOS TEXTILE FACILITY IN 1978, AFTER OPERATIONS WERE SHUT DOWN. OVER ITS NINETEEN YEARS OF OWNERSHIP, GODLEY DID NOT CONDUCT ANY OPERATIONS AT THE SITE BUT ALLOWED THE FACILITY TO DETERIORATE. IN 1984, THE STATE OF SC ORDERED GODLEY TO IMPLEMENT CERTAIN MEASURES TO SEAL THE FACILITY AND PREVENT ACCESS IN ORDER TO PROTECT THE PUBLIC FROM EXPOSURE TO FRIABLE ASBESTOS INSIDE THE FACILITY. GODLEY DID NOT COMPLY. OVER THE FOLLOWING YEARS, GODLEY MADE MINIMAL EFFORTS TO COMPLY WITH THE CONTINUING ORDER AND WAS FINED TWICE BY THE STATE FOR NONCOMPLIANCE. PERIODIC INSPECTIONS BY THE STATE REVEALED THAT DOORS WERE LEFT OPEN, WINDOWS WERE BROKEN, THE ROOF COLLAPSED, AND PERIMETER FENCING WAS BREACHED. IT IS EPA'S CONTENTION THAT GODLEY IS LIABLE AS AN OWNER OF A FACILITY AT THE TIME OF DISPOSAL OF A HAZARDOUS SUBSTANCE PURSUANT TO CERCLA SECTION 107(A)(2). EPA CONTENDS THAT OVER GODLEY'S YEARS OF OWNERSHIP, DISPOSAL OF HAZARDOUS SUBSTANCES OCCURRED FROM THE FACILITY INTO THE ENVIRONMENT. NATURE AND NUMBER OF DEFENDANTS: THE ONLY DEFENDANT IS GODLEY AUCTION COMPANY, INC., A NC CORPORATION FORMED IN 1949 BY TWO GODLEYS, POSSIBLY BROTHERS. THE COMPANY REMAINED FAMILY-OWNED TODAY. THE BUSINESS IS COMPRISED OF 50 PERCENT AUCTION SERVICE AND 50 PERCENT SALES OF FARM MACHINERY. ACCORDING TO A D&B REPORT, THE COMPANY'S REVENUES ARE APPROXIMATELY $20 MILLION, WORTH IS APPROXIMATELY $7 MILLION, AND NET INCOME IS APPROXIMATELY $525,000. NATURE OF RELIEF REQUESTED: THIS REFERRAL SEEKS RECOVERY OF EPA'S RESPONSE COSTS IN CONNECTION WITH A REMOVAL ACTION CONDUCTED AT THE SITE. EPA'S OUTSTANDING RESPONSE COSTS ARE APPROXIMATELY $6,302,360.00 SPECIAL FACTS OR CIRCUMSTANCES: GODLEY DOESN'T APPEAR TO BE ABLE TO REIMBURSE EPA FOR ALL OF ITS OUTSTANDING RESPONSE COSTS WITHOUT INCURRING SIGNIFICANT HARDSHIP.

Defendants (1)

• GODLEY AUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• SOUTHERN ASBESTOS

  SALEM ROAD - U.S. HWY 15, BENNETTSVILLE, SC, 29512

  Registry ID: 110009310708

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SOUTHERN ASBESTOS (GODLEY AUCTION) (04-2003-C008)entered 2003-06-24

  Primary law: CERCLA

Timeline (6 milestones)

• 2001-09-24Referred To Dept Of Justice
• 2001-09-25Enforcement Action Data Entered
• 2001-12-28Complaint Filed With Court
• 2003-04-22Final Order Lodged
• 2003-06-24Concluded
• 2003-06-24Final Order Entered