EPA v. RALEIGH STREET DUMP SITE

Case summary

THE CASE IS BEING REFERRED TO DOJ FOR RD/RA CD NEGOTIATIONS WITH THE CURRENT LANDOWNER PRPs, STEPHEN J. AND PATRICIA J. COOK AND ATLANTIC LAND & IMPROVEMENT CO., PURSUANT TO CERCLA SECTIONS 106 AND 107. THE RALEIGH STREET DUMP SITE OCCUPIES APPROX 5.2 ACRES AND WAS FORMERLY USED AS A LANDFILL PRIMARILY FOR LEAD ACID BATTERY CASING WASTE. THE SITE IS LOCATED APPROX 0.25 MILE WEST OF HWY 41 AT THE WESTERN END OF RALEIGH STREET IN TAMPA, FL. THE NORTHERN PORTION OF THE SITE IS OWNED BY ATLANTIC OWNED BY THE COOKS. PLASTIC CHIPS OF BATTERY CASINGS ARE VISIBLE ON THE SURFACE THROUGHOUT THE SITE. AERIAL PHOTOGRAPHS INDICATE THE WASTE WAS DUMPED AT THE SITE DURING THE LATE 1970s AND EARLY 1980s. A BATTERY RECYCLING FACILITY, CHLORIDE METALS, INC., WAS IN OPERATION DURING THE DISPOSAL PERIOD AT THE EASTERN END OF RALEIGH STREET. A FORMER PROPERTY OWNER ALLEGEDLY REQUESTED THE BATTERY CASING WASTE BE DUMPED AT THE SITE BY CHLORIDE METALS AS FILL MATERIAL. EPA CONDUCTED A FUND-LEAD RI/FS AT THE SITE, WHICH CONCLUDED IN MARCH 2007. CONTAMINATION OF SOILS, WETLAND SEDIMENTS AND GROUNDWATER BY HEAVY METALS, INCLUDING, LEAD, ANTIMONY, AND ARSENIC, IS SUSPECTED TO BE A DIRECT CONSEQUENCE OF RELEASES THAT OCCURRED FROM THE LANDFILLED MATERIALS. EPA IS SEEKING RECOVERY OF ITS PAST RESPONSE COSTS AND PERFORMANCE OF THE RD/RA BY THE CURRENT LANDOWNERS ATLANTIC LAND & IMPROVEMENT CO., AND THE COOKS. IN ADDITION, DOJ, ON BEHALF OF EPA, FILED A CLAIM IN THE CHAPTER 11 BANKRUPTCY OF EXIDE TECHNOLOGIES, INC., ET AL., FOR PAST RESPONSE COSTS. EXIDE IS THE CORPORATE SUCCESSOR TO CHLORIDE METALS. 8/18/2011 - The Peripheral Party/Ability-to-Pay Basis Consent Decree is between EPA and the Cooks. The Cooks are the current owners of four parcels within the Site. The Cooks are financially unable to pay for the response action but have agreed to pay $20,000 in settlement of past and future costs, and to record deed restrictions for their property. The RD/RA Consent Decree is with Atlantic Land & Improvement Company (ALI). ALI is the current owner of seven land parcels within the Site. Under the terms of the RD/RA CD, ALI will conduct the response action at the Site, including on the portions of the Site that are owned by Stephen J. Cook and Patricia J. Cook, and will pay a stipulated future cost payment of $175,000. The remedy selected in the June 2009 ROD, to be implemented by ALI, requires the excavation of approximately 11,800 cubic yards of lead-contaminated soils, backfill with clean fill material, monitored natural attenuation of contaminated groundwater, restoration of impacted wetland areas, and implementation of Institutional Controls in the form of deed restrictions.

Defendants (3)

• ATLANTIC LAND & IMPROVEMENT COMPANYNamed in complaintNamed in settlement
• COOK, PATRICIA J.Named in complaintNamed in settlement
• COOK, STEPHEN J.Named in complaintNamed in settlement

Facilities (1)

• RALEIGH STREET DUMP

  WESTERN END OF RALEIGH STREET, TAMPA, FL, 33619

  Registry ID: 110009276292

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• RALEIGH STREET DUMP SITE (STEPHEN & PATRICIA COOK) (04-2011-C022)entered 2011-08-18

  Primary law: CERCLA

• RALEIGH STREET DUMP SITE (ATLANTIC LAND AND IMPROVEMENT CO.) (04-2011-C023)entered 2011-08-18

  Primary law: CERCLA

Timeline (7 milestones)

• 2009-05-20PRN Sent
• 2009-06-09Enforcement Action Data Entered
• 2011-06-14Referred To Dept Of Justice
• 2011-06-28Complaint Filed With Court
• 2011-06-28Final Order Lodged
• 2011-08-18Concluded
• 2011-08-18Final Order Entered