EPA v. SANFORD GASIFICATION PLANT

Case summary

ON JAN 15, 2009, THE U.S. DISTRICT COURT, MDFL, ORLANDO DIVISION, ENTERED THE CD FOR RD/RA FOR THE SANFORD GASIFICATION PLANT SITE IN SANFORD, SEMINOLE COUNTY, FL. THE DEFENDANTS CONSIST OF FLORIDA POWER CORP., ATLANTA GAS COMPANY, FLORIDA POWER AND LIGHT COMPANY, FLORIDA PUBLIC UTILITIES COMPANY, AND THE CITY OF SANFORD (THE SANFORD PRP GROUP). THE SCOPE OF THE RENEDY FOR OU1 INVOLVES THE REMOVAL OF CONTAMINATED SURFACE AND SUBSURFACE SOIL. THE REMEDY FOR OU2 INVOLVES GROUNDWATER SAMPLING AND MONITORED NATURAL ATTENUATION OF GROUNWATER FOLLOWING REMOVAL OF SURFACE AND SUBSURFACE SOILS IMPLEMENTED IN OU1. OU3 WILL ADDRESS SEDIMENTS AT THE SITE. THE ESTIMATED COST OF THE REMEDY FOR OU1 IS $10,800,000.00, AND THE ESTIMATED COST OF THE REMEDY FOR OU2 IS $320,252.00. THE ESTIMATED COST OF THE REMEDY FOR OU3 IS $1,400,000.00. ON DEC 14, 2009, THE COURT GRANTED DOJ'S MOTION FOR A JUDGMENT BY DEFAULT FOR AN ORDER IN AID OF ACCESS FOR CERTAIN PARCELS. THE ORDER GAVE THE U.S., EPA, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND OTHER REPRESENTATIVES, INCLUDING THE SANFORD PRP GROUP AUTHORIZED IMMEDIATE ENTRY UPON AND ACCESS TO, THRU, OVER AND UNDER THE PARCELS DESCRIBED AS 25-19-30-5AG-0312-0010 AND 25-19-30-5AG-0412-0000 IN THE TOWN OF SANFORD, FL, PROPERTIES DEEMED TO BE WITHIN THE DEFINITION OF THE SITE. IN LATE DEC 2009, IN RELIANCE OF THE GRANT OF JUDICIAL ACCESS ISSUED BY THE COURT, THE SANFORD PRP GROUP WITH EPA OVERSIGHT BEGAN A SERIES OF ACTION AS PART OF THE RD/RA AT THE SITE ON THE FORMER CSX PARCELS. ON OR ABOUT JAN 31, 2010, SUBSEQUENT TO THE INITIATION OF EPA RESPONSE ON THE PARCELS, HARRY AND MARVINE ELLIS PURCHASED THE FORMERLY OWNED CSXT PARCELS. THE ELLIS' HAVE BEEN AWARE OF THE SANFORD GAS PLANT SITE FOR MANY YEARS, AS THEY CURRENTLY OWN OTHER PROPERTY WHICH MAKE UP THE SITE AND FOR WHICH THE SANFORD PRP GROUP NEGOTIATED AN ACCESS AGMT WITH THEM ON JUNE 2, 1009. ON FRIDAY, FEB 5, 2010, MR. ELLIS CONTACTED THE SANFORD PRP GROUP AND LEFT VOICE MESSAGES INDICATING THAT HE WANTS THEM OFF HIS PROPERTY, TO GET THE EQUIPMENT OFF THE PROPERY OR HE WILL HAVE THE SHERIFF ARREST AND REMOVE THEM. MR. ELLIS HAS DEMANDED THAT THE SANFORD PRP GROUP PURCHASE THE PROPERTY AT TWICE THE FAIR MARKET VALUE. THE SUBJECT PROPERTY FOR WHICH THE COURT HAS PREVIOUSLY GRANTED THE U.S. A JUDGMENT FOR ACCESS WHICH THE ELLIS' NOW OWN, IS CRUCIAL TO THE IMPLEMENTATION OF RD/RA AT THE SITE. THE ELLIS' LACK OF COOPERATION TOWARD BOTH EPA AND THE SANFORD PRP GROUP IS CAUSING UNDUE DELAY AND COSTS TO BOTH THE GOVERNMENT AND PRP GROUP. IT IS IMPERATIVE THAT EPA ADHERE TO ITS SCHEDULE FOR RD/RA INITIATION AS THIS SCHEDULE HAS BEEN COMMUNICATED PURSUANT TO CERCLA TO THE COMMUNITY AND REPORTED IN CERCLIS. THEREFORE, TIME IS OF THE ESSENCE IN GAINING ACCESS TO THESE PARTICULAR PARCELS AS IT IS ONE OF THE INITIAL TASKS FOR RESPONSE.

Defendants (2)

• ELLIS, MARVINENamed in complaint
• ELLIS, HARRYNamed in complaint

Facilities (2)

• PRIVATE PROPERTY

  PARCEL NO. 25-19-30-5AG-0412-0000, SANFORD, FL, 32771

  Registry ID: 110042345003

• PRIVATE PROPERTY

  PARCEL NO. 25-19-30-5AG-0312-0010, SANFORD, FL, 32771

  Registry ID: 110042344987

Statutes cited

• CERCLA 104E2 — Information and/or Access

Timeline (4 milestones)

• 2010-03-23Referred To Dept Of Justice
• 2010-04-06Enforcement Action Data Entered
• 2010-04-09Complaint Filed With Court
• 2010-05-04Enforcement Action Closed