EPA v. WARD TRANSFORMER SUPERFUND SITE (B&B APARTMENTS, LLC AND ESTES EXPRESS LINES, INC.)

Case summary

1/9/13 - CERCLA SECTION 122(g)(4) DE MINIMIS LANDOWNER SETTLEMENT AGREEMENT AND ORDER ON CONSENT. B&B AGREES TO SELL THE PROPERTY, THEREBY FORGOING CURRENT AND FUTURE RENTAL INCOME AND APPRECIATION OF PROPERTY VALUE THAT MAY ARISE. IF THE PROPERTY IS NOT SOLD WITHIN 6 MONTHS, THIS SETTLEMENT AGREEMENT SHALL BE NULL AND VOID. THE PARTY PURCHASING THE PROPERTY FROM B&B WILL ACQUIRE THE PROPERTY SUBJECT TO ESTES' CURRENT LEASE, WHICH EXPIRES APR 30, 2013. COMMENCING ON THE EFFECTIVE DATE: A. RESPONDENTS SHALL, FOR SUCH TIME AS THEY OWN OR LEASE THE PROPERTY, PROVIDE THE U.S., THE STATE, AND PERFORMING PARTIES, AND THEIR REPRESENTATIVE, CONTRACTORS, AND SUBCONTRACTORS, WITH ACCESS AT ALL REASONABLE TIMES TO THE PROPERTY TO CONDUCT RESPONSE ACTIVITIES. EPA AGREES, CONSISTENT WITH ITS RESPONSIBILITIES UNDER APPLICABLE LAW, TO USE REASONABLE EFFORTS TO MINIMIZE ANY INTERFERENCE WITH RESPONDENT'S OPERATIONS BY SUCH ENTRY AND RESPONSE. THE RESPONSE ACTIVITIES INCLUDE, BUT ARE NOT LIMITED, TO THE FOLLOWING ACTIVITIES: 1. CONDUCTING A REMOVAL ACTION PURSUANT TO THE SUPPLEMENTAL ENFORCEMENT ACTION MEMORANDUM AND REV 7 OF ADDENDUM NO. 2 - REMOVAL ACTION PLAN (RAP), ATTACHED HERETO AS APPENDICES D AND E, RESPECTIVELY; 2. VERIFYING ANY DATA OR INFORMATION SUBMITTED TO EPA OR THE STATES; 3. CONDUCTING INVESTIGATIONS REGARDING CONTAMINATION AT OR NEAR THE SITE, INCLUDING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY; 4. OBTAINING SAMPLES, INCLUDING THE INSTALLATION AND SAMPLING OF GROUNDWATER MONITORING WELLS; 5. ASSESSING THE NEED FOR, PLANNING, OR IMPLEMENTING RESPONSE ACTIONS AT OR NEAR THE SITE; 6. ASSESSING COMPLIANCE BY RESPONDENT AND ANY PERFORMING PARTIES; 7. DETERMINING WHETHER THE SITE OR OTHER REAL PROPERTY IS BEING USE IN A MANNER THAT IS PROHIBITED OR RESTRICTED OR THAT MAY NEED TO BE PROHIBITED OR RESTRICTED UNDER THE SETTLEMENT AGREEMENT; AND 9. IMPLEMENTING, MONITORING, MAINTAINING, REPORTING ON, AND ENFORCING AND INSTITUTIONAL CONTROLS. RESPONDENTS SHALL FOR SUCH TIME AS THEY OWN OR LEASE THE PROPERTY COMPLY WITH THE LAND USE RESTRUCTIONS OUTLINE IN THE DECLARATION OF LAND USE RESTRICTIONS FOR A FEDERAL SUPERFUND SITE ATTACHED AS APPENDIX F. ESTES SHALL, UPON B&B'S SALE OF THE PROPERTY, SIGN THE DECLARATION OF LAND USE RESTRICTIONS FOR A FEDERAL SUPERFUND SITE, ATTACHED HERETO AS APPENDIX F.

Defendants (2)

• B&B APARTMENTS, LLCNamed in settlement
• ESTES EXPRESS LINES, INC.Named in settlement

Facilities (1)

• WARD TRANSFORMER

  6720 MT. HERMAN ROAD, RALEIGH, NC, 27612

  Registry ID: 110006367449

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• WARD TRANSFORMER SUPERFUND SITE (B&B APARTMENTS, LLC AND ESTES EXPRESS LINES, INC.)entered 2013-01-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2013-01-09Final Order Issued
• 2013-04-10Enforcement Action Data Entered