EPA v. SANFORD GASIFICATION

Case summary

PURSUANT TO CONSULTATION WITH DOJ, EPA IS PROVIDING THIS REFERRAL TO REQUEST THAT DOJ FILE A MOTION FOR ACCESS FOR CERTAIN PARCELS OF PROPERTY NECESSARY FOR THE IMPLEMENTATION OF THE RD/RA WHICH IS THE SUBJECT MATTER OF A CD FOR 3 OUs ENTERED ON JAN 15, 2009. EPA REQUESTS THAT DOJ OBTAIN ACCESS ON BEHALF OF THE U.S. AND THE SANFORD PRP GROUP TO PROPERTY FORMERLY OWNED BY CSZ TRANSPORTATION, INC (CSXT) FOR WHICH THERE IS NOW NO APPARENT IDENTIFIABLE OWNER. IN MAY 2006, THE SANFORD GROUP, IN RECOGNITION OF ITS REQUIREMENT TO OBTAIN ACCESS FOR ALL PROPERTY NECESSARY TO IMPLEMENT THE RD/RA PURSUANT TO THE CD, REACHED AN AGREEMENT WITH CSXT TO HAVE CSXT CONVEY CERTAIN PARCELS WHICH WOULD BE CRUCIAL TO THE IMPLEMENTATION OF THE RD/RA TO THE SANFORD GROUP. IN PREPARATION FOR THE CONVEYANCE, AN IN DEPTH TITLE SEARCH REVEALED THE POSSIBILITY OF AN AUTOMATIC REVERTER IN THE ORIGINAL WARRANTY DEED. ON JULY 14, 2009, THE HONORABLE NANCY ALLEY RULED THAT THE CSXT PROPERTY REVERTED BACK TO THE ORIGINAL LAND GRANTEE (TRUSTEES) CSXT MADE VERY ATTEMPT REQUIRED BY LAW TO IDENTIFY AND LOCATE THE TRUSTEES TO NO AVAIL. EPA AND THE SANFORD GAS PLANT GROUP ARE SCHEDULED TO BEGIN STAGING A TEMPORARY SURFACE WATER RETENTION PONT AND CONSTRUCTION OF PERMANENT DISPOSITION FOR SURFACE WATER RUNOFF AT THE LOCATION OF THE FORMER CSXT PROPERTY THE FIRST WEEK OF NOV 2009. IT IS IMPERATIVE THAT EPA ADHERE TO THIS SCHEDULE FOR RD/RA INITATION. THEREFORE, TIME IS OF THE ESSENCE IN GAINING ACCESS TO THESE PARTICULAR PARCELS AS IT IS ONE OF THE INITIAL TASKS FOR RESPONSE. MOREOVER, THE SANFORD COMMUNITY IS EAGER FOR CLEANUP TO BE UNDERWAY. THE SCOPE OF THE REMEDY FOR OU1 INVOLVES THE REMOVAL OF CONTAMINATED SURFACE AND SUBSURFACE SOIL ($10,800,000). THE REMEDY FOR OU 2 INVOLVES GROUNDWATER SAMPLING AND MONITORED NATURAL ATTENUATION OF GROUNDWATER FOLLOWING REMOVAL OF SURFACE AND SUBSURFACE SOILS IMPLEMENTED IN OU 1 ($320,252). OU 3 WILL ADDRESS SEDIMENTS AT THE SITE ($1,400,000). 12/14/09 - ACCESS ORDER. DEFENDANT: TWO PARCELS OF LAND LOCATED IN THE TOWN OF SANFORD, FL, FORMERLY DEEDED TO CSX TRANSPORTATION, INC., IN REM. PARCEL 1: THE EAST HALF OF BLOCK THREE OF TIER 12 OF E.R. TRAFFORD'S SURVEY OF TOWN OF SANFORD, FL; PARCEL 2: THE EAST HALF OF BLOCK FOUR OF TIER 12 OF E.R. TRAFFORD'S SURVEY OF TOWN OF SANFORD, FL. ORDER STATES: SUCH ACCESS IS GRANTED FOR THE PURPOSES OF EFFECTUATING REPONSE ACTIONS SELECTED BY THE U.S. EPA AT AND AROUND DEFENDANT PROPERTIES. ACCESS SHALL BE FOR SUCH DURATION AS IS NECESSARY TO IMPLEMENT THE SELECTED RESPONSE ACTION AT AND AROUND DEFENDANT PROPERTIES, INCLUDING BUT NOT LIMITED TO: REMEDIAL DESIGN, IMPLEMENTATION OF THE SELECTED REMEDY, OPERATION AND MAINTENANCE OF THE SELECTED REMEDY AND MONITORING TO ENSURE ITS EFFECTIVENESS THROUGH INSPECTIONS, SAMPLING AND FIVE-YEAR REVIEW ACTIONS.

Defendants (2)

• TWO PARCELS OF LAND, LOCATED IN THE TOWN OF SANFORNamed in complaintNamed in settlement
• CSXNamed in complaint

Facilities (2)

• ABANDONED PROPERTY

  EAST 1/2 OF BLOCK 4 OF SURVEY OF SANFORD, SANFORD, FL, 32771

  Registry ID: 110040428935

• ABANDONED PROPERTY

  EAST 1/2 BLOCK OF 3 OF TIER 12 OF SURVEY OF SANDOR, SANFORD, FL, 32771

  Registry ID: 110040428917

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• SANFORD GASIFICATION (04-2010-C007)entered 2009-12-14

  Primary law: CERCLA

Timeline (6 milestones)

• 2009-07-29Referred To Dept Of Justice
• 2009-09-24Enforcement Action Data Entered
• 2009-10-09Complaint Filed With Court
• 2009-12-14Concluded
• 2009-12-14Final Order Entered
• 2009-12-14Final Order Lodged