EPA v. CHEROKEE OIL RESOURCES SITE

Case summary

THE FOUR DEFENDANTS WERE AMONG 225 PARTIES WHO SIGNED A DE MINIMIS AOC WITH EPA. EPA SIGNED THE DE MINIMIS AOC ON AUGUST 4, 1997. AFTER THE EFFECTIVE DATE OF THE AOC, THE PARTIES WERE SUPPOSED TO PAY A DEMANDED AMOUNT. THE PARTIES DID NOT PAY EPA IN 1997. A FINAL DEMAND LETTER WAS MAILED TO THE PARTIES ON NOVEMBER 29, 2005. REMINDER NOTICES WERE SENT ON DECEMBER 28, 2005, AND ON MAY 10, 2006. TO DATE, THE DEFENDANTS HAVE NOT PAID. 8/21/08 - Notice of Dismissal filed for defendant Carolina Kenworth/Charlotte, Inc. due to inability to locate. 8/21/08 - Notice of Dismissal of Complaint with prejudice re: defendant Carrier Transicold. The United States informs the Court that this case has been Paid in Full and Complaint dismissed. 9/25/08 - Notice Dismissal, re: defendant Griffin Tire. The United States informs the Court that the case has been settled. 11/25/08 - Notice of Dismissal of Complaint, re: defendant Petroleum Equipment. The plaintiff, United States informs the Court that this case has been settled through compromise.

Defendants (5)

• CAROLINA KENWORTH/CHARLOTTE, INC.Named in complaint
• PETROLEUM EQUIPMENTNamed in complaint
• GRIFFIN TIRENamed in complaint
• CARRIER TRANSICOLDNamed in complaint
• KENWORTH OF CHARLOTTE, INC.

Facilities (2)

• CHEROKEE OIL COMPANY

  1201 BERRYHILL RD, CHARLOTTE, NC, 28208

  Registry ID: 110004022664

• CHEROKEE OIL SITE

  SUMMITT AVENUE, CHARLOTTE, NC, 28208

  Registry ID: 110009350451

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Timeline (4 milestones)

• 2006-09-21Enforcement Action Data Entered
• 2006-09-21Referred To Dept Of Justice
• 2008-06-13Complaint Filed With Court
• 2008-11-25Enforcement Action Closed