EPA v. BLACKMON WAREHOUSE SUPERFUND SITE

Case summary

8/18/11 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. ORDER REQUIRES: A. PREPARED AN INVENTORY OF ALL DRUMS, BARRELS, TOTES, AND OTHER CONTAINERS AS REASONABLY PRACTICAL WITHOUT OPENING, MOVING OR OTHERWISE DISTURBING THE CONTAINERS, WHIHC SHALL INCLUDE, (1) THE SIZE OF EACH; (2) THE MARKINGS AND LABELS ON EACH; AND (3) ANY OTHER INFO THAT RESPONDENTS CAN SURMISE FROM EACH. B. PHOTOGRAPH ALL DRUMS, BARRELS, TOTES AND CONTAINERS AS REASONABLY PRACTICAL WIHTOUT OPENING,MOVING, OR OTHERWISE DISTURBING THE CONTAINERS. C. PROVIDE EPA WITH COPIES OF ALL INVENTORIES AND DOCUMENTATION OF WORK; D. PROVIDE EPA WITH COPIES OF ALL PHOTOGRAPHS TAKEN AT THE SITE. E. PROVIDE EPA WITH COPIES OF ALL DIAGRAMS, REPORTS, JOURNALS, AND FIELD NOTEBOOKS USED TO COMPILE THE INVENTORIES. F. PROVIDE EPA WITH COST ESTIMATES TO PERFORM FUTURE WORK AT THE SITE; AND G. PROVIDE ADEQUATE LIGHTING TO CONDUCT ALL INVENTORY ACTIVITIES. RESPONDENTS SHALL NOT MOVE, OPEN, OR OTHERWISE DISTURB ANY DRUMS, TOTES, OR CONTAINERS TO PERFORM THE WORK. RESPONDENTS SHALL NOT CONDUCT ANY TYPE OF SAMPLING OR TESTING AT THE SITE.

Defendants (7)

• SAFETY KLEEN, INC.Named in settlement
• PERGO, INC.Named in settlement
• UNILEVERNamed in settlement
• CLEAN HARBORS, INC.Named in settlement
• ECO FLO, INC.Named in settlement
• VI JON, INC.Named in settlement
• COTY, LLCNamed in settlement

Facilities (1)

• BLACKMON WAREHOUSE DRUM SITE

  1291 JOHNSTON PARKWAY, KENLY, NC, 27542

  Registry ID: 110043687463

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BLACKMON WAREHOUSE SUPERFUND SITEentered 2011-08-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-08-18Final Order Issued
• 2011-09-29Enforcement Action Data Entered