EPA v. CANNON DRIVE DRUM SUPERFUND SITE

Case summary

9/23/10 - MATTER REFERRED TO DOJ. 4/7/11 - COMPLAINT FILED. DEFENDANT: WYNN EUGENE HOUSEL. 1/22/2014 - LODGED. Consent Decree Lodged in Cannon Drive Drum Superfund Site in Social Circle, Walton County, Georgia (Site). On January 22, 2014, the U.S. Department of Justice (DOJ) lodged a CD toward settlement of the matter US v. Wynn Eugene Housel, Civil Action No. 3:11-cv-3(CAR). On April 7, 2011, DOJ filed a complaint against Wynn Eugene Housel under CERCLA Section 107(a), 42 U.S.C. § 9607(a). Mr. Housel is liable as an operator at the Site under CERCLA Section 107(a)(2) because he was operating at the Site by storing hazardous substances there until such time as he abandoned them; and he is liable under CERCLA Section 107(a)(4) because he transported the hazardous substances to the Site, which he selected, where releases and threatened releases of the hazardous substances occurred. Mr. Housel sub-leased a portion of the Site in order to store and organize the resale of hazardous materials he purchased from the Defense Logistics Agency. Mr. Housel transported these hazardous materials to the Site, stored them at the Site in a precarious manner, and then he abandoned them. EPA’s investigation into Mr. Housel revealed that he has no known address or place of business. DOJ expressed doubt as to whether the U.S. could ever find Mr. Housel to serve him with a complaint. When questioned about where he lived, Mr. Housel responded that he lived in a camper and drove across the country. The EPA and DOJ both conducted inability to pay analyses on documents and deposition testimony submitted by Mr. Housel and determined that he has an inability to pay for EPA’s costs incurred in cleaning up the Site. The CD takes this information into account and calls for injunctive relief that Mr. Housel will never purchase materials from the Defense Logistics Agency again, and if he does, he will incur penalties. EPA conducted a Fund-lead emergency response action to stabilize and clean up the Site from January to August of 2007. EPA conducted sampling and analysis and removal of abandoned waste found at the Site which revealed the presence of poisons, including chloroform and chromium hypochlorite, flammable organic solvents, paint containing aluminum hydroxide and lead, corrosive liquids, amines (including epoxy and resins), oxidizers (including calcium hypochlorite), mercury-containing waste (including mercuric nitrate), and mixed petroleum solvents containing xylene, ethylbenzene, and tetrachloroethane, which are all hazardous substances as defined by Section 101(14) of CERCLA. There is no further remedial action, evaluation, or assessment planned at the Site. EPA has identified four Potentially Responsible Parties (PRPs) for this Site: Carter Jackson, Inc. (current owner and owner at the time of disposal), Charles Edward Carter, Jr. (current owner and owner at the time of disposal), Department of Defense (Army – Defense Logistics Agency) (arranged for disposal at the Site), and Wynn Eugene Housel (transporter and operator), as liable for EPA’s costs at this Site. On August 18, 2008, EPA sent Demand letters to the PRPs for costs incurred at this Site. EPA is negotiating an Administrative Agreement on Consent with Mr. Carter, Carter Jackson, Inc. and the Department of Defense to recoup costs spent by EPA in cleaning up the Site. 4/9/14 - CONSENT DECREE ENTERED. FROM THE EFFECTIVE DATE, SETTLING DEFENDANT AGREES THAT HE WILL NOT PURCHASE OR ACQUIRE, OR PARTICIPATE IN ANY WAY IN THE PURCHASE OR ACQUISITION OF, DIRECTLY OR THROUGH ANY AFFILIATE, ANY INTEREST IN ANY U.S. EXCESS PROPERTY.

Defendants (5)

• HOUSEL, WYNN EUGENENamed in complaintNamed in settlement
• DEFENSE LOGISTICS AGENCY
• U.S. DEPARTMENT OF DEFENSE
• CARTER, CHARLES EDWARD, JR.
• CARTER, JACKSON, INC.

Facilities (1)

• CANNON DRIVE DRUM SITE

  148 CANNON DRIVE, SOCIAL CIRCLE, GA

  Registry ID: 110071100622

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CANNON DRIVE DRUM SUPERFUND SITE (04-2014-C011)entered 2014-04-09

  Primary law: CERCLA

Timeline (6 milestones)

• 2010-09-23Referred To Dept Of Justice
• 2010-09-27Enforcement Action Data Entered
• 2011-04-07Complaint Filed With Court
• 2014-01-22Final Order Lodged
• 2014-04-09Concluded
• 2014-04-09Final Order Entered