EPA v. Bennett Landfill Fire Superfund Site, Chester, South Carolina, Clear Site Industrial LLC

Case summary

This Settlement is made and entered into by Clear Site Industrial, LLC (?Respondent?) and EPA. Respondent consents to and will not contest EPA?s authority to enter into this Settlement or to implement or enforce its terms. Respondent agrees to undertake all actions required by this Settlement. This Settlement is binding upon EPA and upon Respondent and its heirs, successors, and assigns. A fire occurred at the Site. Responding to the fire were local firefighters and other first responders, and the South Carolina Department of Health and Environmental Control (?DHEC?) emergency personnel. DHEC requested EPA assistance. Given the presence of asbestos in the landfill, which is a listed hazardous substance, EPA determined that Site conditions met criteria specified at 40 C.F.R. ?300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan for initiation of a removal action. Improper disposal of asbestos containing materials (?ACM?) at the Site left significant quantities of ACM with high asbestos concentrations exposed to the elements, which were being transported by wind and weather. Improper Site operations left significant quantities of ACM with high asbestos concentrations scattered across the entire landfill surface. Without action, deteriorating conditions would have caused additional asbestos transport. In performing the response action, EPA has incurred response costs at or in connection with the Site. Crisis Hill, Inc., the property owner, and Bennett?s Landfill, Inc., the landfill operator, both entirely owned by Ronald Olsen, declined to participate in the removal action. EPA alleges that Respondent is a responsible party pursuant to Section 107(a) of CERCLA, 42 U.S.C. ? 9607(a), and is liable for EPA?s Past Response Costs incurred at or in connection with the Site. Under this Settlement, ?EPA?s Past Response Costs? shall mean all costs, including but not limited to direct and indirect costs, that EPA or the U.S. Department of Justice on behalf of EPA has spent at or in connection with the Site through the Effective Date of this Settlement. EPA and Respondent recognize that this Settlement has been negotiated in good faith and that this Settlement is entered into without the admission or adjudication of any issue of fact or law. The payments made by Respondent in accordance with this Settlement do not constitute an admission of liability by Respondent. Respondent does not admit and retain the right to controvert in any subsequent proceedings, other than proceedings to implement or enforce this Settlement, the validity of the facts or allegations contained in this Settlement.

Defendants (1)

• Clear Site Industrial, LLCNamed in settlement

Facilities (1)

• BENNETT LANDFILL FIRE

  4399 PICKNEY ROAD, CHESTER, SC, 29706

  Registry ID: 110067349300

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Bennett Landfill Fire Superfund Site, Chester, South Carolina, Clear Site Industrial LLCentered 2024-08-12

  Primary law: CERCLA

Timeline (2 milestones)

• 2024-08-12Final Order Issued
• 2024-09-17Enforcement Action Data Entered