EPA v. BCX TANK SITE (SEVEN OUT, LLC)

Case summary

9-22-2010- REFERRAL SENT TO DOJ. 1/4/11 - THE U.S. HAS REACHED A SETTLEMENT WITH SEVEN OUT, LLC AND BCX, INC., RELATING TO THOSE COMPANIES' LIAIBLITY FOR EPA'S RESPONSE COSTS AT THE BCX TANK SUPERFUND SITE IN JACKSONVILLE, DUVAL COUNTY, FL. THIS COMPLAINT WAS FILED PURELY AS A MEANS FOR LODGING THE CD WITH THE COURT. UNDER THE TERMS OF THE CD, THE DEFENDANTS WILL FACILITATE PAYMENT OF $350,000 IN INSURANCE PROCEEDS TO EPA ON THE DEFENDANTS' BEHALF. THE CD ALSO REQUIRES THE DEFENDANTS TO PAY EPA THE NET SALES PROCEEDS FROM THE SALE OF THE PROPERTY THAT IS BCX TANK SUPERFUND SITE. PUBLIC NOTICE OF THIS PROPOSED SETTLEMENT APPEARED IN THE FEDERAL REGISTER ON JANUARY 12, 2011. 5/11/11 - On May 11, 2011, the U.S. District Court for the Middle District of Florida entered a Consent Decree in the matter of Unites State of America v. Seven Out, LLC and BCX, Inc., relating to the BCX Tank Superfund Site (Site) in Jacksonville, Duval County, Florida. The Site was the location of a wastewater treatment plant that was abandoned in 2004. The tanks at the plant held untreated wastewater that contained hazardous substances. When the tanks began to deteriorate and spill their contents, EPA was called in to perform an emergency response action. Seven Out, LLC, is the owner of the Site, and BCX, Inc., was the operator of the Site. Both companies are liable for the response costs incurred by the U.S. Environmental Protection Agency (EPA). However, neither company has sufficient assets to pay EPA’s response costs. Instead, under the terms of the Consent Decree, both companies have assigned to EPA the right to collect $350,000 in proceeds due under a policy of pollution and remediation liability insurance, and the companies have also agreed to pay EPA the net sales proceeds from the sale of the Site property.

Defendants (2)

• BCX, INC. (SB)Named in complaintNamed in settlement
• SEVEN OUT, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BCX FACILITY

  1859 E. ADAMS STREET, JACKSONVILLE, FL, 32202

  Registry ID: 110017937731

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BCX TANK SITE (SEVEN OUT, LLC) (04-2011-C013)entered 2011-01-04

  Primary law: CERCLA

Timeline (6 milestones)

• 2010-09-22Enforcement Action Data Entered
• 2010-09-22Referred To Dept Of Justice
• 2011-01-04Concluded
• 2011-01-04Final Order Entered
• 2011-01-04Complaint Filed With Court
• 2011-01-04Final Order Lodged