EPA v. VILLA MOBILE HOME PARK BATTERY DUMP SITE

Case summary

On September 25, 2012, the United States Department of Justice (DOJ) filed a proof of claim on the United States Environmental Protection Agency?s behalf in the Estate of Howard V. Wyrick (Estate) bankruptcy proceeding seeking all appropriate relief and the EPA?s total anticipated response costs at the Villa Mobile Home Park Battery Dumps Site (Site). The Site is a battery casing dump area located generally at 612 Venice Street, Kannapolis, Carrabus County, North Carolina, within the Villa Mobile Home Park (MHP). Following a complaint received by the City of Kannapolis in June 2010, personnel for the North Carolina Department of Environment and Natural Resources (NCDENR) visited the Site and observed layers of battery chips scattered throughout the bank of a drainage ditch located behind three residential mobile homes. At the request of NCDENR, the EPA?s Emergency Response and Removal Branch (ERRB) conducted a removal assessment at the Site and discovered lead contamination above the EPA?s Removal Action Level for residential soil. On September 1, 2010, the owner of the MHP and Site, Howard V. Wyrick, agreed to have the area covered with plastic liner and rip rap rock to prevent erosion, exposure from direct contact, and down-gradient migration of Site contaminants. The next day, the EPA confirmed that the work had been completed and informed Mr. Wyrick that the Site needed to be maintained and remain covered. Sometime thereafter, erosion began to damage the protective liner and rip rap exposing additional battery casings at the Site. Following additional sampling, the EPA has now determined that a time-critical removal action is necessary to address the migrating soil contamination at the Site. Prior to his death, Mr. Wyrick filed a petition for bankruptcy under Chapter 11 of Title 11 of the United States Code (Bankruptcy Code), which was later converted to Chapter 7 pursuant to Section 1112(b)(1) of the Bankruptcy Code. The EPA has identified the Estate as a potentially responsible party (PRP) at the Site as an owner pursuant to Section 107(a)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As a PRP at the Site, the Estate remains potentially liable for the EPA?s costs incurred in undertaking activities pursuant to CERCLA and the National Contingency Plan (NCP) at the Site. As of August 7, 2012, the EPA?s total unreimbursed Site response costs were $6,553.94.

Defendants (1)

• WYRICK, HOWARD - ESTATE OFNamed in complaintNamed in settlement

Facilities (1)

• VILLA MOBILE HOME PARK SITE

  612 VENICE STREET, KANNAPOLIS, NC, 28083-8010

  Registry ID: 110071101742

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VILLA MOBILE HOME PARK BATTERY DUMP SITE (04-2015-C012) (HOWARD WYRICKentered 2015-06-09

  Primary law: CERCLA

Timeline (7 milestones)

• 2012-09-13Referred To Dept Of Justice
• 2012-09-24Enforcement Action Data Entered
• 2012-09-25Complaint Filed With Court
• 2015-06-09Concluded
• 2015-06-09Final Order Lodged
• 2015-06-09Final Order Entered
• 2018-08-27Enforcement Action Closed