EPA v. ANNISTON LEAD AND ANNISTON PCB SITES (WARRANT FOR ACCESS)

Case summary

EPA seeks DOJ’s assistance in obtaining a warrant pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ( CERCLA ), 42 U.S.C. § 9601 et seq., as amended, for entry and access for any officer, employee, authorized contractor, or representative of the EPA, including the State of Alabama and any potentially responsible parties duly designated by EPA pursuant to 40 C.F.R. § 300.400(d)(3), as well as any other authorized Federal officer onto and remaining on the premises listed in Exhibit A ( Residential Properties ) to abate the release or threat of release of hazardous substances. This warrant is requested pursuant to the authorities set forth in Section 104(e)(3), 104(e)(4), and 104(e)(6) of CERCLA, 42 U.S.C. §§ 9604(e)(3), (4), and (6), for the purposes of conducting sampling activities and/or other removal activities as deemed necessary by EPA pursuant to CERCLA and as required by the Section 122 Administrative Agreement and Order on Consent effective January 17, 2006 (AOC) between EPA and DII Industries, L.L.C., FMC Corporation, Huron Valley Steel Corporation, McWane, Inc., MeadWestvaco Corporation, MRC Holdings, Inc., MW Custom Papers, L.L.C., Phelps Dodge Industries, Inc., United Defense, L.P., United States Pipe and Foundry Company, Inc., and Walter Industries, Inc. (collectively, Respondents ). The sampling and other removal activities are necessary to evaluate and address the release or threat of release of hazardous substances, including lead and polychlorinated biphenyls ( PCBs ), at or from the Residential Properties. Under the AOC, Respondents are required to perform sampling and, if necessary, cleanup on the Residential Properties. After using their best efforts to obtain access authorization to conduct the necessary sampling and/or cleanup at the Residential Properties, the Respondents have been unable to locate either an owner or a tenant of the Residential Properties from whom to seek access authorization. Because Respondents and EPA have been unable to identify and/or locate either owners or tenants of the Residential Properties, the United States on behalf of EPA is requesting unrestricted access to the Residential Properties for EPA and any officer, employee, authorized contractor, or representative of EPA, including the State of Alabama and any potentially responsible parties duly designated by EPA pursuant to 40 C.F.R. § 300.400(d)(3), as well as, any other authorized Federal officer, to enter onto or into, move about, remain on or about, and as necessary re-enter the Residential Properties, at all reasonable times, in order to determine the nature and extent of the release or threat of release of hazardous substances at or from the Residential Properties, and to perform response activities to remove the same.

Defendants (1)

• PRIVATE RESIDENCESNamed in complaintNamed in settlement

Facilities (33)

• PRIVATE RESIDENCE

  1222 W 18TH STREET, ANNISTON, AL, 36201

  Registry ID: 110040058157

• PRIVATE RESIDENCE

  2205 WALNUT AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040057915

• PRIVATE RESIDENCE

  1802 MULBERRY AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040058004

• PRIVATE RESIDENCE

  2108 COBB AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040057899

• PRIVATE RESIDENCE

  SW CORNER OF COOPER AND 16TH STREET, ANNISTON, AL, 36201

  Registry ID: 110040057960

• PRIVATE RESIDENCE

  2207 MCCOY AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040058120

• RESIDENTIAL PROPERTY (21-03-06-2-003-022.000)

  1218 WEST 18TH STREET, ANNISTON, AL, 36201

  Registry ID: 110040066022

• PRIVATE RESIDENCE

  1701 PINE AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040058193

• RESIDENTIAL PROPERTY (21-03-06-1-001-066.000)

  608 WEST 20TH PLACE, ANNISTON, AL, 36201

  Registry ID: 110040066013

• PRIVATE RESIDENCE

  612 W 20TH PLACE, ANNISTON, AL, 36201

  Registry ID: 110040057942

• PRIVATE RESIDENCE

  1624 ACKER PLACE, ANNISTON, AL, 36201

  Registry ID: 110040058166

• RESIDENTIAL PROPERTY (21-03-06-2-002-005.000)

  2114 COBB AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040065997

• PRIVATE RESIDENCE

  1501 BANCROFT AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040058077

• RESIDENTIAL PROPERTY (21-03-06-4-001-009.000)

  1609 MOORE AVENUE, ANNISTON, AL, 36201

  Registry ID: 110040066059

• PRIVATE RESIDENCE

  2226 W 14TH STREET, ANNISTON, AL, 36201

  Registry ID: 110040058139

• …and 18 more

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• ANNISTON LEAD AND ANNISTON PCB SITES (WARRANT FOR ACCESS) (04-2009-C026)entered 2008-12-22

  Primary law: CERCLA

Timeline (6 milestones)

• 2008-09-22Referred To Dept Of Justice
• 2008-09-25Enforcement Action Data Entered
• 2008-12-04Complaint Filed With Court
• 2008-12-22Final Order Entered
• 2008-12-22Concluded
• 2008-12-22Final Order Lodged