EPA v. 35TH AVENUE SUPERFUND SITE (ACCESS)

Case summary

EPA REFERRED TO THE U.S. DEPT OF JUSTICE A REQUEST TO FILE AN APPLICATION FOR ADMINISTRATIVE WARRANT FOR ENTRY AND ACCESS TO CONDUCT SOIL SAMPLING ON APPROX 510 RESIDENTIAL PROPERTIES LOCATED IN THE U.S. DISTRICT COURT FOR THE ND OF AL. THE RESIDENTIAL PROPERTIES IN QUESTION ARE LOCATED WITHIN THE 35TH AVENUE SUPERFUND SITE IN BIRMINGHAM, JEFFERSON COUNTY, AL, WHERE EPA HAS ALREADY SECURED ACCESS AGREEMENTS AND SAMPLED OVER 1300 PROPERTIES. BASED ON THE COMPLETED SAMPLING, EPA HAS A REASONABLE BASIS TO BELIEVE THAT THERE ARE OTHER SIMILARLY-SITUATED AND UN-SAMPLED RESIDENTIAL PROPERTIES THAT MAY ALSO BE CONTAMINATED. HUMAN EXPOSURE TO ARSENIC, LEAD, AND BENZO(A)PYRENE THRU DIRECT CONTACT WITH OR INGESTION OF CONTAMINATED SOIL AT THE 35TH AVENUE SITE MAY PRESENT A SIGNIFICANT THREAT TO PUBLIC HEALTH. EPA HAS BEEN UNABLE TO OBTAIN OWNER CONSENT TO ACCESS THESE REMAINING PROPERTIES DISPITE NUMEROUS ACCESS EFFORTS. OF THE 510 UNSAMPLED RESIDENTIAL PROPERTIES, APPROX 400 ARE EMPTY LOTS, AND 110 ARE VACANT OR ABANDONED PROPERTIES. THE AGENCY HAS CONCLUDED THAT A WARRANT IS NECESSARY TO GAIN ACCESS TO THE 510 UNSAMPLED AND UNOCCUPIED RESIDENTIAL PROPERTIES TO EFFECTIVELY EVALUATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AND COMPLETE THE SAMPLING INVESTIGATION AT THE SITE. EPA AND DOJ HAVE ARRANGED TO STAGGER THE WARRANTS FOR ENTRY AND ACCESS AND LIMIT THE ENTRY AND ACCESS PERIOD TO 90 DAYS. AS A RESULT, THE FIRST PHASE OF PROPERTIES CONSISTS OF 98 VACANT AND EMPTY LOTS.

Defendants (1)

• INDIVIDUAL PROPERTIESNamed in complaintNamed in settlement

Facilities (8)

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (4)

• 35TH AVENUE SUPERFUND SITE (98 RESIDENTIAL PROPERTIES)entered 2016-10-21

  Primary law: CERCLA

• 35TH AVENUE SUPERFUND SITE (403 RESIDENTIAL PROPERTIES)entered 2018-02-20

  Primary law: CERCLA

• 35TH AVENUE SUPERFUND SITE (33 PROPERTIES)entered 2020-03-20

  Primary law: CERCLA

• 35TH AVENUE SUPERFUND SITE - (29 PROPERTIES)entered 2020-03-13

  Primary law: CERCLA

Timeline (5 milestones)

• 2016-09-03Referred To Dept Of Justice
• 2016-09-22Enforcement Action Data Entered
• 2016-10-21Complaint Filed With Court
• 2020-03-13Final Order Lodged
• 2020-03-20Final Order Entered