EPA v. OLD BATTLEGROUND ROAD TCE SITE - Battleground Storage, LLC,

Case summary

3/26/2021: ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTIONS - This Administrative Settlement Agreement and Order on Consent ( Settlement ) is entered into voluntarily by the United States Environmental Protection Agency ( EPA ) and Battleground Storage, LLC ( Respondent ). This Settlement provides for the performance of a removal action by Respondent at or in connection with the Old Battleground Road TCE Site (the Site ) generally located at 3700 and 3704 Old Battleground Road, Greensboro, Guilford County, North Carolina 27410. This Settlement is issued under the authority vested in the President of the United States by Sections 104, 106(a), 107, and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. ?? 9604, 9606(a), 9607 and 9622 (CERCLA). This authority was delegated to the Administrator of EPA on January 23, 1987, by Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to Regional Administrators by EPA Delegation Nos. 14-14-C (Administrative Actions Through Consent Orders, Apr. 15, 1994). This authority was further redelegated by the Regional Administrator of EPA Region 4 to the Chief of the Emergency Response, Removal, Prevention, and Preparedness Branch by Regional Delegation 14-14-A (Determinations of Imminent and Substantial Endangerment), and to the Chief of the Emergency Response, Removal, Prevention, and Preparedness Branch by Regional Delegation 14-14-C (Administrative Actions through Consent Orders). EPA has notified the State of North Carolina (the State ) of this action pursuant to Section 106(a) of CERCLA, 42 U.S.C. ? 9606(a). EPA and Respondent recognize that this Settlement has been negotiated in good faith and that the actions undertaken by Respondent in accordance with this Settlement do not constitute an admission of any liability. Respondent does not admit, and retains the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Settlement, the validity of the findings of facts, conclusions of law, and determinations in Sections IV (Findings of Fact) and V (Conclusions of Law and Determinations) of this Settlement. Respondent agrees to comply with and be bound by the terms of this Settlement and further agrees that it will not contest the basis or validity of this Settlement or its terms.

Defendants (1)

• BATTLE GROUND STORAGENamed in settlement

Facilities (1)

• OLD BATTLEGROUND ROAD TCE SITE

  3704 OLD BATTLEGROUND ROAD, GREENSBORO, NC, 27410

  Registry ID: 110070871951

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• OLD BATTLEGROUND ROAD TCE SITE - Battleground Storage, LLC,entered 2021-03-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2021-03-26Final Order Issued
• 2021-04-13Enforcement Action Data Entered