EPA v. CIRCLE ENVIRONMENTAL #1 AND #2 SITES (BSJR, LLC)

Case summary

ON MARCH 23, 2015, THE U.S. LODGED WITH THE MIDDLE DISTRICT OF GA, ALBANY DIV, A PROPOSED 107 CERCLA COST-RECOVERY CONSENT DECREE RELATING TO TWO FUND-LEAD REMOVAL ACTIONS AT THE CIRCLE ENVIRONMENTAL #1 AND #2 SITES IN DAWSON, GA. THE SETTLING PARTIES UNDER THE PROPOSED CD ARE POTENTIALLY LIABLE UNDER CERCLA SECTION 107(a)(3) AS PERSON WHO, BY CONTRACT OR AGREEMENT, ARRANGED FOR DISPOSAL OR TREATMENT, OR FOR TRANSPORTATION FOR DISPOSAL OR TREATMENT, OF HAZARDOUS SUBSTANCES SENT TO THE SITES. UNDER THE TERMS OF THE CD, THE SETTLING PARTIES SHALL PAY $285,000 TOWARD THE EPA'S PAST RESPONSE COSTS AT THE SITES. ON MARCH 31, 2015, THE U.S. PUBLISHED A NOTICE OF THE LODGING OF THE CD IN THE FEDERAL REGISTER, INFORMING THE PUBLIC THAT THE U.S. DOJ WOULD ACCEPT COMMENTS RELATED TO THE DECREE FOR A PERIOD OF 30 DAYS. THE PERIOD ENDED ON APR 30, 2015, WITH NO COMMENTS RECEIVED. ACCORDINGLY THE U.S. MOVED THE COURT TO ENTER THE PROPOSED CD AS A FINAL JUDGMENT IN THIS ACTION. THE COURT ENTERED THE CD ON MAY 18, 2015. 3/22/17 - JUDGMENT FOR $69,8657.64. DEFENDANT: BSJR, LLC.

Defendants (8)

• CIRCLE ENVIRONMENTAL, INC.Named in complaintNamed in settlement
• L&W, INC.
• SOUTHTEC, LLC
• COGGINS, MELVIN
• WATERPOLLUTIONSOLUTIONS.COM, INC.Named in complaintNamed in settlement
• MIDDLETON, RICHARDNamed in complaintNamed in settlement
• BSJR, LLCNamed in complaintNamed in settlement
• MERCER, WALTER G.

Facilities (2)

• CIRCLE ENVIRONMENTAL #2

  2222 ALBANY HWY, DAWSON, GA, 39842

  Registry ID: 110031457812

• CIRCLE ENVIRONMENTAL #1

  170 5TH AVE SW, DAWSON, GA, 39842

  Registry ID: 110005710141

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• CIRCLE ENVIRONMENTAL #1 AND #2 SITES (04-2015-C008)entered 2015-05-19

  Primary law: CERCLA

• CIRCLE ENVIRONMENTAL #1 AND #2 SITES (04-2015-C021)entered 2015-09-08

  Primary law: CERCLA

• CIRCLE ENVIRONMENTAL 2 SITES (04-2017-C008)entered 2017-03-22

  Primary law: CERCLA

Timeline (6 milestones)

• 2011-04-18Referred To Dept Of Justice
• 2011-06-13Enforcement Action Data Entered
• 2011-09-16Complaint Filed With Court
• 2012-06-13Supplemental Referral-Adding parties, counts
• 2017-03-22Final Order Lodged
• 2017-03-22Final Order Entered