EPA v. Fowler Property Scrapyard (Warrant for Entry & Access)

Case summary

10/16/02 - ACCESS REFERRAL DONE BY E-MAIL TO DOJ. DEFENDANTS HAVE VIOLATED PREVIOUSLY ISSUED ADMINISTRATIVE ORDER FOR ACCESS. (1) ACTION FOR ADMINISTRATIVE WARRANT FOR ACCESS TO ALLOW EPA TO ENTER 501 ABBOTT STREET, KINSTON, NC TO REMOVE OVER 500 CONTAINERS OF HAZARDOUS SUBSTANCES AND 7 LARGE ABOVE-GROUND STORAGE TANKS OF PETROLEUM PRODUCTS, ALL IN POOR CONDITION, MANY OF WHICH WERE LEAKING OVER A DRAIN THAT LEADS TO THE NEUSE RIVER, APPROX. 100 YARDS AWAY. (2) DEFENDANTS ARE ONE INDIVIDUAL, JAMES KEITH FOWLER, WHO IS THE OPERATOR AND MAYBE THE OWNER, AS WELL AS EQUIPMENT FINANCE CORP., THE LISTED OWNER OF THE PROPERTY. (3) REQUESTING ORDER FOR ACCE

Defendants (2)

• FOWLER, JAMES KEITHNamed in complaintNamed in settlement
• EQUIPMENT FINANCE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• FOWLER PROPERTY SCRAPYARD SITE

  501 ABBOTT STREET, KINSTON, NC, 28501

  Registry ID: 110013800128

Statutes cited

• CWA 311F — Oil Removal Cost Recovery
• CERCLA 104E3 — Entry Access
• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• FOWLER PROPERTY SCRAPYARD (04-2003-C005)entered 2002-11-19

  Primary law: CERCLA

Timeline (7 milestones)

• 2002-10-16Referred To Dept Of Justice
• 2002-11-19Concluded
• 2002-11-19Final Order Entered
• 2002-11-19Final Order Lodged
• 2002-11-19Complaint Filed With Court
• 2003-03-01Enforcement Action Closed
• 2003-05-13Enforcement Action Data Entered