EPA v. WESTSIDE LEAD SITE (WESTSIDE FUTURE FUND, INC)

Case summary

12/18/2020 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION: The Westside Lead Site encompasses residential and commercial properties located in the English Avenue and Vine City neighborhoods in Atlanta, Georgia, and the aerial extent of contamination. Under CERCLA, a removal action is a short-term response intended to stabilize or clean up a site that poses a threat to public health or welfare. Removal actions may include a variety of activities, including taking samples of soil, and as needed, excavating contaminated soil and disposing of it. c. Respondent is a 501(c)(3) charitable organization whose mission includes preserving and expanding affordable housing in neighborhoods on Atlanta's Westside. Respondent purchases or otherwise acquires property from a variety of sources to facilitate its mission. Respondent currently owns both single-family and multi-family properties in and around the English Avenue and Vine City neighborhoods in Atlanta, Georgia. Respondent intends to purchase or otherwise acquire additional properties in those neighborhoods in the future. Respondent seeks to conduct a removal action on the properties owned by Respondent that are identified as WFF Approved Removal Properties In 2018, an investigation by Emory University into the soil quality of urban gardens led to the discovery of lead-containing slag on a residential property in the English Avenue neighborhood. Emory's sampling results from the soils collected from that property and others in the area indicated lead levels above 400 milligrams per kilogram (mg/kg), or parts per million (ppm). This data was turned over to the State of Georgia's Department of Natural Resources? Environmental Protection Division (GA EPD), who, on November 15, 2018, requested the EPA Region 4 Superfund and Emergency Management Division's Emergency Response, Removal, Prevention, and Preparedness Branch (ERRPPB) initiate a Removal Site Evaluation (RSE). EPA initiated an RSE in December 2018 and began sampling the following year. As of October 26, 2020, EPA has sampled soils at 454 properties at the Site. The sample results indicate lead levels in soils greater than or equal to 400 ppm, which is EPA'S lead removal management level, at 192 properties, including 38 properties owned by Respondent. On November 5, 2019, EPA Region 4 authorized a fund-lead, time-critical removal action to abate the threat posed by the lead from historic fill material in residential soil. The time-critical removal began in January 2020. To date, EPA has completed removal actions on 41 properties, including on 7 properties owned by Respondent. The English Avenue and Vine City neighborhoods were developed in the late 1880s through the first half of the 20th Century. During that time, several foundries operated in the Atlanta area, and the slag generated as a byproduct was reportedly available for use as fill. EPA believes that the areas of lead contamination in the residential yards are the result of historical fill practices during the neighborhood's early development. EPA is continuing to collect soil samples from residential and commercial properties at the Site to further define the extent of contamination. Lead is a ?hazardous substance? as defined by Section 101(14) of CERCLA, 42 U.S.C. ? 9601(14). Lead, if released at the Site in soils at levels greater than or equal to 400 ppm, presents a potential threat primarily from human exposure through direct contact, ingestion, and inhalation of lead contaminated soil. EPA's ERRPPB has determined that a time-critical removal action is necessary to address soil contamination at OU2 of the Site. The release or threat of release of hazardous substances at the Site may present an imminent and substantial endangerment to the public health, welfare or the environment within the meaning of Section 106(a) of CERCLA, 42 U.S.C. Section 9606(a).

Defendants (1)

• WESTSIDE FUTURE FUND, INC.Named in settlement

Facilities (1)

• WESTSIDE LEAD

  431 VINE STREET NW, ATLANTA, GA, 30318

  Registry ID: 110070516851

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• WESTSIDE LEAD SITE (RESPONDENT:WESTSIDE FUTURE FUND, INC)entered 2020-12-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2020-12-21Final Order Issued
• 2021-01-07Enforcement Action Data Entered