EPA v. DAVIS REFINING SITE (REFERRAL)

Case summary

9/29/03 - REFERRAL SENT TO DOJ. PROPOSED COST RECOVERY AMOUNT OF $3,515,747.81. This referral requests that a civil action be filed pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. �� 9607, as amended, to recover costs in the amount of $3,515,747.81 incurred by the United States Environmental Protection Agency (EPA) in responding to the release and threatened release of hazardous substances at the Davis Refining Superfund Site (Site) located in Tallahassee, Leon County, Florida. This action is being pursued to recover EPA's costs pursuant to a removal action which commenced the week of August 17, 1998. On Site removal activities concluded on February 2, 2000. Following the removal demobilization, an Expanded Site Investigation was conducted which concluded on November 15, 2001. EPA conducted media sampling, wastewater treatment, above ground storage tank (AST) removal, and disposal of contaminated waste oil. Approximately 300 drums and other large containers, 52 above ground storage tanks (ASTs), 2 underground storage tanks, 1.5 miles of pipeline, over 400 labpack containers from the laboratory. The Site has been assigned a low priority for further Remedial Action. The Davis Refining Superfund Site ( Site ) is located at 2606 Springhill Road, Tallahassee, Leon County, Florida ( Site ). The Site was operated by George Davis under the names Davis Oil Company and Davis Refining Corporation from 1950 to the mid 1990s. The Site consists of two adjacent parcels. The main operating facility was located on a 2.62 acre-tract immediately east of Munson Slough, a large groundwater trench bordering the property. Another 4.76 acre tract is located immediately west of Munson Slough. Mr. Davis acquired the property in 1950. At the time of purchase, the property was used as a poultry processing plant. From approximately 1950 through the late 1960s, Mr. Davis converted the facility into a motor oil recycling operation. Mr. Davis also refined used oil at the facility from 1970 to 1977. After 1977, Mr. Davis operated primarily as a waste oil storage facility. Numerous waste by-products were generated during the oil re-refining and recycling process at the facility. On February 27, 2003, EPA sent 104(e) letters to 487 parties listed in the business records and in manifests found at the Davis Refining Site. Of the 487 parties sent 104(e)s, EPA identified approximately 188 potentially responsible parties (PRPs) who sent waste oil to the Site, and who had verifiable addresses. EPA sent Notice Letter packages to those 188 PRPs on August 29, 2003. Some of these letters have been returned to EPA as undeliverable; therefore, EPA is including 170 of these parties in its referral to the Department of Justice. Nationally Significant issues in the case are that that some of the PRPs may qualify for the Service Station Dealer Exemption or the Petroleum Exclusion. EPA included questions in its 104(e) to the parties to determine which parties met these exemptions/exclusions.

Defendants (222)

• FLORIDA STATE MOTOR POOL aka CAPITAL CENTER MOTOR
• BOB'S TRANSMISSIONS
• BRANFORD SHELL dba RALLY FOOD STORE
• RALLY FOOD STORE
• BUDDY'S GARAGE & MACHINE SHOP
• BUDGET CAR RENTAL
• C.E. ENVIRONMENTAL, INC. nka HARDING ESE, INC.
• HARDING ESE, INC. fka C.E. ENVIRONMENTAL, INC.
• CSX TRANSPORTATION
• CAPITAL ASPHALT C/O MITCHELL BROTHERS, INC.
• MITCHELL BROTHERS, INC.
• CAPITAL CITY BANK
• FIRST NATIONAL BANK
• CAPITAL CITY LIFT TRUCKS
• CARLTON BUILDING C/O FLORIDA DEPT OF MGMT SERVICES
• FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
• CHAMPION CHEVROLET
• CHENOWETH DISTRIBUTING, LTD
• TRI-EAGLE DISTRIBUTING, LTD
• TRIPLE P DISTRIBUTING
• FORT PIERCE, FL, CITY OF
• PANAMA CITY, FL, CITY OF
• TALLAHASSEE, FL, CITY OF
• DALE MABRY FIELD
• BARBEE PETROLEUM EQUIPMENT, TALLAHASSEE, FL
• …and 197 more

Facilities (1)

• DAVIS REFINING CORPORATION

  2606 SPRINGHILL ROAD, TALLAHASSEE, FL, 32305

  Registry ID: 110002525492

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• DAVIS REFINING SITE (THEOCHEM LABS) (04-2008-C002)entered 2007-12-11

  Primary law: CERCLA

• DAVIS REFINING SITE (DEFAULT JUDGMENT) (04-2003-9004)entered 2007-05-08

  Primary law: CERCLA

Timeline (5 milestones)

• 2003-09-26Referred To Dept Of Justice
• 2003-09-29Enforcement Action Data Entered
• 2006-05-03Complaint Filed With Court
• 2007-09-18Final Order Lodged
• 2007-12-11Final Order Entered