EPA v. NORTH BELMONT PCE SITE

Case summary

6/18/10 - ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WIHT REQUEST FOR ACCESS. RESPONDENT: JERRY D. SHEDD. RESPONDENT IS THE OWNER OF THE PROPERTY AT 111 MAGNOLIA STREET, NORTH BELMONT, NC, NEAR THE SITE, AT WHICH RESONDENT GRANTED EPA AN ACCESS AUTHORIZATION IN OR AROUND AUGUST 222 FOR THE INSTALLATION OF TWO IWRVS SYSTEM VALULTS, TWO PIEZOMETERS, AND ASSOCIATED PIPING AND EQUIPMENT TO TREAT CONTAMINATED GROUNDWATER EMANATING FROM THE SITE AND UNDERLYING THE PROPERTY. RESPONDENT GRANTED EPA ACCESS TO THE PROPERTY FOR A PERIOD OF 5 YEARS BEGINNING ONCE CONSTRUCTION ACTIVITY STARTED AT THE PROPERTY IN OR AROUND JAN 2003. THE IWRVS SYSTEM VAULTS, PIEZOMETERS, AND ASSOCIATED PIPING AND EQUIPMENT WERE INSTALLED AT THE PROPERTY PURSUANT TO THE ROD FOR THE SITE ISSUED BY EPA ON SEPT 24, 1997. EPA BEGAN OPERATING THE IWRVS SYSTEM ON OR ABOUT MAR 14, 2003, AND OPERATED THE SYSTEM UNTIL APPROX OCT 2004, WHEN THE IWRVS SYSTEM WAS PUT ON HOLD BECAUSE THE GROUNDWATER AQUIFER AT THE SITE COULD NOT PHYSICALLY ACCEPT REINJECTION OF TREATED WATER. EPA INTENDS TO RESTART THE IWRVS SYSTEM PENDING ISSUANCE OF AN EXPLANATION OF SIGNIFICANT DIFFERENCES (ESD) FOR THE SITE. THE ESD IS REQUIRED TO CHANGE THE POINT OF DISCHARGE OF TREATED GROUNDWATER FROM REINJECTION TO THE AQUIFER TO DISCHARGE TO SURFACE WATER AT THE NEARBY, UNNAMED TRIBUTARY TO FITES CREEK. EPA ANTICIPATES ISSUING THE ESD BY SEPT 2010. OPERATION OF THE IWRVS SYSTEM ON THE PROPERTY IS AN INTEGRAL PART OF THE GROUNDWATER REMEDIAL ACTION FOR THE SITE. TO ADDRESS THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS AT OR FROM THE SITE, EPA IS CONDUCTING, AND PLANNING TO CONDUCT, CERTAIN RESPONSEN ACTIONS. THESE ACTIONS INCLUDE RESTARTING THE OWRVS SYSTEM, INCLUDING THOSE IWRVS VAULTS LOCATED AT THE PROPERTY, AND CONTINUING TO MONITORING GROUNDWATER CONTAMINATION LEVELS AT THE SITE. TO PERFORM THE RESPONSE ACTIONS, IT WILL BE NECESSARY FOR EMPLOYEES, AGENTS, CONTRACTORS, AND OTHER REPS OF EPA TO ENTER THE PROPERTY. THE ACTIVITIES FOR WHICH ENTRY IS REQUIRED INCLUDE: ANY NECESSARY REPAIR OF THE EXISTING IWRVS VAULTS, PIEZOMETERS, AND APPURTENANT PIPING AND EQUIPMENT; OPERATION OF THE IWRVS SYSTEM COMPONENTS; MONITORING AND MAINTENANCE OF THE EQUIPMENT; AND MONITORING AND SAMPLING OF GROUNDWATER. EPA ESTIMATES THAT THE DURATION OF THE REQUIRED ENTRY AND ACCESS WILL BE APPROX 5 YRS. DESPITE REQUESTS FROM EPA, RESPONDENT HAS REFUSED TO PROVIDE ACCESS FOR PURPOSES OF PERFORMING RESPONSE ACTIVITIES. TERMINATION: THIS ORDER SHALL REMAIN IN EFFECT UNTIL THE CHIEF OF THE SUPERFUND ENFORCEMENT AND INFORMATION MANAGEMENT BRANCH OR HIS/HER DESIGNEE NOTIFIES RESPONDENT IN WRITING THAT ACCESS TO THE PROPERTY IS NO LONGER NEEDED.

Defendants (1)

• SHEDD, JERRY D.Named in settlement

Facilities (1)

• PRIVATE RESIDENCE (JERRY SHEDD)

  111 MAGNOLIA STREET, NORTH BELMONT, NC, 28012

  Registry ID: 110041888543

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• NORTH BELMONT PCE SITEentered 2010-06-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2010-06-18Final Order Issued
• 2010-06-23Enforcement Action Data Entered