EPA v. STALLINGS SALVAGE SUPERFUND SITE

Case summary

THIS SITE WAS PREVIOUSLY USED AS A STORAGE WAREHOUSE, STORING OLD BUILDING MATERIALS RECOVERED FROM FACILITIES THAT HAD BEEN ABANDONED, GONE OUT OF BUSINESS, OR HAD BEEN DAMAGED BY FIRES. THE WAREHOUSE WAS ALSO USED FOR MIXING LATEX PAINTS. THE SITE WAS ORIGINALLY OPERATED BY STALLINGS SALVAGE COMPANY, INC., BETWEEN 1979 AND 1981, BEFORE GOING INTO BANKRUPTCY. A SECOND SALVAGE COMPANY NAMED STALLINGS SALVAGE, INC., OPERATED AT THE SITE BETWEEN 1985 AND 1994. MR. BILL STALLINGS OWNED THE FACILITY DURING THE OPERATIONS OF BOTH SALVAGE COMPANIES AND ALSO CONTROLLED TO THE DAY-TO-DAY OPERATIONS OF EACH COMPANY. AFTER SITTING ABANDONED SINCE 1994, THE DETERIORATING BUILDING AND CONDITION OF CONTAINERS LEAD TO A THREAT TO THE ENVIRONMENT WHICH NEEDED IMMEDIATE RESPONSE. EPA CONDUCTED A REMOVAL ACTION IN THE SUMMER OF 2000. AS A RESULT, EPA INCURRED COSTS GREATER THAN $700,000. THE SITE WAS PREVIOUSLY USED A STORAGE WAREHOUSE, STORING OLD BUILDING MATERIALS RECOVERED FROM FACILITIES THAT HAD BEEN ABANDONED, GONE OUT OF BUSINESS, OR HAD BEEN DAMAGED BY FIRES. THE WAREHOUSE WAS ALSO USED FOR MIXING LATEX PAINTS. THE SITE WAS ORIGINALLY OPERATED BY STALLINGS SALVAGE COMPANY, INC., BETWEEN 1979 AND 1981, BEFORE GOING INTO BANKRUPTCY. A SECOND SALVAGE COMPANY NAMED STALLING SALVAGE, INC., OPERATED AT THE SITE BETWEEN 1985 AND 1994. MR. BILL STALLINGS OWNED THE FACILITY DURING THE OPERATIONS OF BOTH SALVAGE COMPANIES AND ALSO CONTROLLED TO THE DAY-TO-DAY OPERATIONS OF EACH COMPANY. AFTER SITTING ABANDONED SINCE 1994, THE DETERIORATING BUILDING AND CONDITION OF CONTAINERS LEAD TO A THREAT TO THE ENVIRONMENT WHICH NEEDED IMMEDIATE RESPONSE. AS OF FEBRUARY, EPA HAS INCURRED APPROX $777,000 IN RESPONSE COSTS AT THE SITE. AN AGREEMENT WITH THE CURRENT OWNER EXPECTS TO COVER $60,000 OF THESE COSTS. THESE TWO PARTIES MAY HAVE AN ABILITY TO PAY ISSUE, HOWEVER, ACCORDING TO OUR ANALYSIS THEY WOULD BE ABLE TO PAY A MAJORITY OF THE RESPONSE COSTS. EPA HAS ALREADY SETTLED WITH THE CURRENT OWNER AND BELIEVES THAT MR. BILL STALLINGS AND STALLINGS SALVAGE, INC., ARE THE ONLY REMAINING LIABLE PARTIES AS PREVIOUS OWNERS AND/OR OPERATORS

Defendants (2)

• STALLINGS SALVAGE COMPANY, INC.Named in complaintNamed in settlement
• STALLINGS, BILLNamed in complaintNamed in settlement

Facilities (1)

• STALLINGS SALVAGE CO. SITE

  W SIDE OF SECREST AVE, BETWEEN SIMPSON & CURETON, MONROE, NC, 28110

  Registry ID: 110015748609

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• STALLINGS SALVAGE SUPERFUND SITE (04-2007-C003)entered 2007-01-24

  Primary law: CERCLA

Timeline (6 milestones)

• 2004-03-05Referred To Dept Of Justice
• 2004-04-02Enforcement Action Data Entered
• 2005-05-31Complaint Filed With Court
• 2006-10-31Final Order Lodged
• 2007-01-24Concluded
• 2007-01-24Final Order Entered