EPA v. ABERDEEN CONTAMINATED GROUNDWATER SITE (NORTH CAROLINA DEPARTMENT OF TRANSPORTATION)

Case summary

ON AUG 13, 2018, JUDGE CATHERINE C. EAGLES OF THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA SIGNED THE CD FOR RD/RA AT OU1 AT THE ABERDEEN CONTAMINATED GROUNDWATER SITE. THE SITE, LOCATED IN THE TOWN OF ABERDEEN, MOORE COUNTY, NC, CONSISTS OF A CONTAMINATED GROUNDWATER PLUME THAT HAS IMPACTED THE TOWN'S MUNICIPAL WATER SUPPLY WELLS. THE LIKELY SOURCES OF CONTAMINATION ARE SEVERAL INDUSTRIAL OPERATIONS IN THE SITE AREA, INCLUDING ASPHALTIC AGGREGATE TESTING LABORATORY RUN BY THE SETTLEMENT DEFENDANT, THE NC DEPT OF TRANSPORTATION (NCDOT). NCDOT RELEASED TRICHLOROETHENE (TCE) AND OTHER HAZARDOUS SUBSTANCES INTO THE SOIL AND GROUNDWATER AT THE SITE FROM APPROX 1964 TO 1989 AND IS THEREFORE A LIABLE PARTY UNDER CERCLA. UNDER THE CD, NCDOT AGREES TO CONDUCT THE RD/RA FOR OU1, WHICH WILL QUICKLY ADDRESS THE CONTAMINATION'S ADVERSE IMPACT ON THE MUNICIPAL WATER SUPPLY BY CONSTRUCTING NEW MUNICIPAL WELLS. NCDOT HAS ALREADY SUBSTANTIALLY COMPLETED THIS WORK. NCDOT ALSO AGREES TO PAY THE EPA'S FUTURE RESPONSE COSTS ASSOCIATED WITH OU 1. THE PUBLIC COMMENT PERIOD ENDED ON AUG 1, 2018, AND THE U.S. RECEIVED NO COMMENTS SO DOJ MOVED FOR ENTRY OF THE CD ON AUG 9, 2018.

Defendants (5)

• NORTH CAROLINA DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement
• CALCO ENTERPRISES
• SYNGENTA
• OLIN CORPORATION
• LEE PAVING COMPANY

Facilities (1)

• ABERDEEN CONTAMINATED GROUND WATER

  HWY 211, OLD PEE DEE RD, BLUES BRG RD, ABERDEEN, NC, 28315

  Registry ID: 110013800066

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ABERDEEN CONTAMINATED GROUNDWATER SITEentered 2018-08-13

  Primary law: CERCLA

Timeline (6 milestones)

• 2012-03-20PRN Sent
• 2012-10-18Enforcement Action Data Entered
• 2018-06-19Referred To Dept Of Justice
• 2018-06-22Final Order Lodged
• 2018-06-22Complaint Filed With Court
• 2018-08-13Final Order Entered