EPA v. L & R Oil RECOVERY SUPERFUND SITE

Case summary

OCTOBER 19, 2022 - SETTLEMENT AGREEMENT This Settlement Agreement concerns the L&R Oil Recovery Superfund Site ( Site ) located at 501 Ruth Street, Shelby, Cleveland County, North Carolina. EPA alleges that the Site is a facility as defined by Section 101(9) of CERCLA, 42 U.S.C. ? 9601(9). 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. In performing response action, EPA has incurred response costs at or in connection with the Site. EPA alleges that Settling Party is a responsible party pursuant to Section 107(a) of CERCLA. EPA and Settling Party recognize that this Settlement Agreement has been negotiated in good faith and that this Settlement Agreement is entered into without the admission or adjudication of any issue of fact or law. The actions undertaken by Settling Party in accordance with this Settlement Agreement do not constitute an admission of any liability by Settling Party. Settling Party does not admit, and retains the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Settlement Agreement, thevalidity of the facts or allegations contained in this Section. This Settlement Agreement shall be binding upon EPA and upon Settling Party and its heirs, successors, and assigns. Any change in ownership or corporate or other legal status of Settling Party, including but not limited to, any transfer of assets or real or personal property, shall in no way alter Settling Party's responsibilities under this Settlement Agreement. Each signatory to this Settlement Agreement certifies that he or she is authorized to enter into the terms and conditions of this Settlement Agreement and to bind legally the party represented by him or her. PAYMENT OF RESPONSE COSTS Payment by Settling Party for Past Response Costs. Within 30 days after the Effective Date, Settling Party shall pay to EPA $600,000.00 (six hundred thousand dollars and no cents) plus an additional sum for Interest on the amount calculated from the date EPA signs the Settlement Agreement through the date of payment. Settling Party shall make the payment at https://www.pay.gov in accordance with the following payment instructions: enter sfo 1.l in the search field to access EPA's Miscellaneous Payment Form - Cincinnati Finance Center. Complete the form including the Site Name, docket number, and Site/Spill ID Number C466. Settling Party shall send to EPA in accordance with Section XIII (Notices and Submissions), a notice of this payment including these references. Deposit of Payment. The total amount to be paid by Settling Party pursuant to shall be deposited by EPA in the EPA Hazardous Substance Superfund.

Defendants (2)

• Keystone Powdered Metal CompanyNamed in settlement
• L & R Oil Recovery Superfund SiteNamed in settlement

Facilities (1)

• L & R OIL RECOVERY

  501 RUTH STREET, SHELBY, NC, 28150

  Registry ID: 110071099892

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• L & R Oil RECOVERY SUPERFUND SITEentered 2022-10-19

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-10-19Final Order Issued
• 2023-01-09Enforcement Action Data Entered