EPA v. B.W. MITCHUM TRUCKING CORP. (FKA UNITED ORGANICS CORP.)

Case summary

9/16/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE RESULTS OF PHASE ONE, THE EPA REQUIRED B.W. MITCHUM IN A LETTER DATED OCTOBER 8, 2008, TO CONTINUE WITH PHASE TWO OF THE APPROVED AGREED WORKPLAN WHICH INCLUDED A GROUNDWATER MONITORING PLAN AND A TIMETABLE TO CHARACTERIZE GROUNDWATER QUALITY AND VERTICAL AND HORIZONTAL EXTENT OF GROUNDWATER CONTAMINATION. ON APRIL 22, 2010, B.W. MITCHUM SUBMITTED INFORMATION TOTHE EPA ATTEMPTING TO DEMONSTRATE AN INABILITY TO PAY FOR ANY ADDITIONAL CHARACTERIZATION OF THE FACILITY. THE EPA DETERMINED THAT B.W. MITCHUM HAD THE ABILITY TO PAY FOR ADDITIONAL CHARACTERIZATION. AS OF THE EFFECTIVE DATE OF THIS ORDER, B.W. MITCHUM IS UNWILLING TO PERFORM PHASE TWO AS AGREED TO IN APPROVED AGREED WORKPLAN DATED JUNE 12, 2008. ORDER REQUIRES: WITHIN THIRTY (30) CALENDAR YEARS OF THE EFFECTIVE DATE OF THIS ORDER, RESPONDENT SHALL SUBMIT TO EPA FOR APPROVAL, A SAMPLING AND ANALYSIS WORKPLAN, FOR CARRYING OUT THE REQUIRED MONITORING, TESTING, ANALYSIS, AND REPORTING.

Defendants (2)

• B.W. MITCHUM TRUCKING CORPORATION. (SB)Named in settlement
• FKA UNITED ORGANICS CORPORATIONNamed in settlement

Facilities (1)

• UNITED ORGANICS CORP

  1008 E. BLVD., WILLIAMSTON, NC, 27892-2804

  Registry ID: 110000347786

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• B.W. MICTCHUM TRUCKING CORP. (FKA UNITED ORGANICS CORP.)entered 2011-09-16

  Primary law: RCRA

Timeline (2 milestones)

• 2011-09-16Final Order Issued
• 2011-09-17Enforcement Action Data Entered