EPA v. WELCH GROUP ENVIRONMENTAL FAIR PLAY SITE (THE FELTMAN FAMILY TRUST OF 2009)

Case summary

APRIL 13, 2022 - SETTLEMENT AGREEMENT In response to the release or threatened release of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. ? 9604. On or about January 28, 2011, EPA tasked its contractor, the Superfund Technical Assessment and Response Team (START), to perform a sampling event in support of a removal site evaluation (RSE) to determine the need for federal intervention under CERCLA. EPA's On-Scene Coordinator (OSC) began a removal site inspection (RSI) during the week of January 31, 2011. While conducting the RSI component of the RSE, EPA?s OSC determined that a removal action was necessary to secure, contain, and remove a release or substantial threat of release of hazardous substances into the environment. On February 1 and 3, 2011, START performed a preliminary RSE which included surface soil screening, soil sampling, and analysis activities at the Site to identify the nature and extent of lead contamination in soils at the Site. EPA, WGE, and the Settling Party entered into an Administrative Settlement Agreement and Order on Consent for Removal Action (2011 AOC), Docket No. CERCLA 04-2011-3761, which became effective on May 12, 2011, and provides that WGE and Settling Party are jointly and severally liable for carrying out all activities required by the 2011 AOC, pursuant to Section VIII (Work to be Performed), and payment of EPA?s past and future response costs, pursuant to Section XV (Payment of Response Costs) of the 2011 AOC which Work to be Performed was not inconsistent with the national contingency plan (NCP). Due to WGE and Settling Party's inability to complete the response activities required by the 2011 AOC at the Site, EPA assumed work at the Site. EPA issued an Action Memorandum dated March 14, 2019, to initiate a fund-lead, time-critical removal action, wherein the EPA determined that lead remained at the Site and if not addressed, may have presented an imminent and substantial endangerment to public health or welfare. EPA mobilized to the Site to excavate, stockpile, and dispose of contaminated soils on April 8, 2019. EPA completed all excavation of lead contaminated soils on Site during the week of April 15 and confirmed remaining soils at the Site meet EPA cleanup standards in the AOC and applicable regulations or guidance. Approximately 850 tons of hazardous lead contaminated soils, and approximately 1,008 tons of non-hazardous soils were transported and disposed off-site. Following excavation and disposal of soils, excavated sloped areas were seeded and hayed to prevent erosion. EPA demobilized from the Site on May 17, 2019. All response actions at the Site are completed. At this time, EPA does not plan any additional Site response action.

Defendants (2)

• THE FELTMAN FAMILY TRUST OF 2009Named in settlement
• WELCH GROUP ENVIRONMENTAL FAIR PLAYNamed in settlement

Facilities (1)

• WGE FAIRPLAY

  170 FELLTMAN FARM ROAD, FAIRPLAY, SC, 29643-2508

  Registry ID: 110043240784

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• WELCH GROUP ENVIRONMENTAL FAIR PLAY SITE (THE FELTMAN FAMILY TRUST OF 2009)entered 2022-04-13

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-04-13Final Order Issued
• 2022-10-11Enforcement Action Data Entered