EPA v. BCX TANK SUPERFUND SITE (M.D. MOODY & SONS, INC.)

Case summary

7/28/2011 - REFERRAL SENT TO DOJ. ON JANUARY 3, 2012, THE U.S. BANKRUPTCY COURT APPROVED AND ENTERED A SETTLEMENT AGREEMENT BETWEEN THE U.S. AND M.D. MOODY & SONS (MOODY) FOR COST RECOVERY AT THE BCK TAANK SUPERFUND SITE IN JACKSONVILLE, DUVAL COUNTY, FL. DURING 1999 AND 2000, MOODY SENT WASTE TO THE SITE, WHICH OPERATED AS A TREATMENT FACILITY FOR USED OIL AND INDUSTRIAL WASTEWATER FROM 1987 TO 2001. EPA COLLECTED NON-HAZARDOUS WASTE MANIFESTS DOCUMENTING THAT MOODY SENT TO THE SITE 88,538 GALLONS OF INDUSTRIAL WASTEWATER AND PAINT SLUDGE, BOTH OF WHICH CONTAINED HAZARDOUS SUBSTANCES. IN LATE 2004, EPA CONDUCTED AN EMERGENCY RESPONSE AT THE SITE TO STABILIZE LEAKING TANKS AND PUMP OUT A SECONDARY CONTAINMENT AREA AT THE ABANDONMENT SITE. MOODY WAS ONE OF 32 PRPs AT THE SITE. ALL OF HE OTHER PARTIES SETTLED WITH EPA IN 2001, BUT MOODY WAS PREVENTED FROM JOINING THE GROUP SETTLEMENT BECAUSE MOODY WAS IN THE MIDST OF CHAPTER 11 BANKRUPTCY PROCEEDDINGS. EPA AGREED TO SETTLE WITH MOODY IN A SEPARATE BANKRUPTCY SETTLEMENT AGREEMENT ON THE SAME TERMS MOODY WOULD HAVE RECEIVED IF IT HAD BEEN ABLE TO JOIN THE ADMINISTRATIVE SETTLEMENT WITH THE OHTER PARTIES. UNDER THE TERMS OF THIS SETTLEMENT, MOODY WILL PAY $5,629.05 TO THE U.S. WITHIN 30 DADYS OF THE COURT'S ENTRY OF THE ORDER APPROVING THE SETTLMENT.

Defendants (1)

• M.D. MOODY & SONS (SB)Named in complaintNamed in settlement

Facilities (1)

• SEVEN OUT LLC

  1903 E ADAMS ST, JACKSONVILLE, FL, 322021209

  Registry ID: 110002542277

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BCX TANK SUPERFUND SITE (M.D. MOODY & SONS, INC.) (04-2011-C009)entered 2012-01-03

  Primary law: CERCLA

Timeline (6 milestones)

• 2011-07-28Referred To Dept Of Justice
• 2011-08-11Enforcement Action Data Entered
• 2011-11-30Complaint Filed With Court
• 2011-11-30Final Order Lodged
• 2012-01-03Concluded
• 2012-01-03Final Order Entered