EPA v. WELCH GROUP ENVIRONMENTAL PALMETTO SITE (WGE PALMETTO)

Case summary

6/10/20 - Administrative Compliance Order Filed - SCDHEC notified EPA that operations had occurred at the Site. EPA conducted an inspection on the Site on February 7. 201 1. and conducted x-ray fluorescent (XRF) screening. The readings for metal concentrations on the floor and wall where most Site operations took place found that a release of lead existed at high concentrations at or near the surface. EPA's OSC determined that actual or threatened releases or hazardous substances from the Site, if not addressed by implementing the response action, may have presented an imminent and substantial endangerment to public health. welfare or the environment. EPA, WGE and Settling Party entered into an Administrative Settlement Agreement and Order on Consent for Removal Action, which provides that WGE and Settling Party are jointly and severally reliable for carrying out all activities required by AOC, including implementation of EPA' s Action Memorandum with oversight from E.PA., pursuant to Section VI II (Work to be Performed) of the May 12, 2011 AOC. and payment or EPA s past and future response costs, pursuant to Section XV (Payment of Response Costs) of the May 12, 2011 AOC. WGE conducted removal work at the Site which was oversee n by EPA pursuant to the terms of the May 12, 2011 AOC.. EPA's Superfund Technical Assessment and Response Team (START ) conducted daily visual inspections of the paper/plastic floor covering: reconnaissance of the decontamination process: and, confirmation screening of WGE's contractors data for designated areas at the Site.In performing response actions at the Site, EPA has incurred approximately $89.788.34 as of December 9. 2019 in past and future response costs as defined in Section 111 (Definitions) o f the May 12 . 20 1 1 AOC. Neither WGE nor Settling Party have paid any portion or EPA's past and future response costs, which they agreed to pay. pursuant to Section XV (Payment or Response Costs) of the May 12, 2011 AOC. Settling Party Shall pay to EPA the principal amount or $27.000.00. Payment of the principal amount shall be made in three (3) installments . The first installment payment or $9,000.00 is due within 30 days of the Effective Date and if timely paid, shall include no Interest. The second installment payment of $9 .000.00 is due within six (6) months after the Effective Date and the third installment and the third installment payment of $9.000.00 is due within twelve (12) months after the Effective Date.

Defendants (2)

• GARY WAREHOUSE SERVICES, LLCNamed in settlement
• Gary Warehouse Services, LLCNamed in complaint

Facilities (1)

• WGE PALMETTO HWY

  110 PALMETTO HWY, BELTON, SC, 29627

  Registry ID: 110043317719

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• WELCH GROUP ENVIRONMENTAL PALMETTO SITE (WGE PALMETTO)entered 2020-06-10

  Primary law: CERCLA

Timeline (2 milestones)

• 2020-06-10Final Order Issued
• 2020-07-11Enforcement Action Data Entered