EPA v. BUCKHEAD SLAG SUPERFUND SITE

Case summary

MAY 1, 2024 - MODIFICATION TO THE ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WITH REQUEST FOR ACCESS FEBRUARY 20, 2024 - ADMINISTRATIVE ORDER - DIRECTING COMPLIANCE WITH REQUEST FOR ACCESS In June 2022, the Georgia Environmental Protection Division referred the Site to EPA for evaluation of a potential removal action based on elevated lead levels in soils from x-ray fluorescence (XRF) readings at the Adjacent Property. At the time of the referral, the Site consisted solely of the Adjacent Property. Between June 2022 and April 2023, EPA conducted a Removal Site Inspection (RSI). In September 2022, EPA collected surface soil samples from the Adjacent Property, some of which exceeded EPA?s then-applicable residential removal management level (RML) of 400 milligrams/kilogram (mg/kg).1 Laboratory analysis confirmed lead at a highest concentration of 654 mg/kg in the backyard. On March 2023, Respondent submitted a constituent inquiry through U.S. Congressional Representative Nikema William?s Office, asserting that EPA had failed to contact him about sampling his Property. EPA promptly contacted Respondent and asked him to sign an Access Authorization to conduct sampling at the Property. Respondent signed an Access Authorization granting EPA access to the Property. Between April and June 2023, EPA sampled four additional properties at the Garden Hills Heights residential neighborhood, including the Property. Sampling results confirmed levels of lead of 682 and 659 mg/kg, above the RML, in soils at the backyard of the Property. All results from sampling conducted at the other properties were below EPA?s then applicable RML of 400 mg/kg.2 On July 28, 2023, EPA signed an Action Memorandum for the Site, which found the Site poses a threat to public health and the environment and approved a Time-Critical Removal Action at the Site. In October 2023, EPA mobilized to the Site to begin implementation of removal activities set forth in the Action Memorandum including the excavation of lead-contaminated soils. By November 28, 2023, EPA had completed excavation of most contaminated soils it planned to excavate from the Adjacent Property and approximately 75% of the contaminated soils it planned to excavate from the Property. Despite requests from EPA, Respondent has refused to reinstate EPA?s access to the Property for purposes of performing the response activities described above. Since access was revoked on January 3, 2024, EPA has made efforts, to obtain voluntary reinstatement of access from Respondent. EPA has been ready to complete response actions at the Site, including the Property and Adjacent Property, since January 3, 2024, but has been prevented from so doing because of Respondent's failure to grant access to the Property, including the driveway. There are lead-contaminated soils left in place at the Site, including the Property and Adjacent Property, which are exposed without any vegetative cover to prevent direct contact of lead contaminated soils. Prolonged exposure could lead to exacerbation of contamination at the Site, especially due to erosion from weather events. These conditions present health and safety risks to residents of the Site property, neighboring residents, and the creek.

Defendants (2)

• Christopher WebsterNamed in settlement
• BUCKHEAD SLAGNamed in settlement

Facilities (1)

• BUCKHEAD SLAG SITE

  679 DARLINGTON CIRCLE, NE, ATLANTA, GA, 30305

  Registry ID: 110071284728

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (2)

• BUCKHEAD SLAG SUPERFUND SITEentered 2024-02-20

  Primary law: CERCLA

• BUCKHEAD SLAG SUPERFUND SITEentered 2024-05-01

  Primary law: CERCLA

Timeline (2 milestones)

• 2024-05-01Final Order Issued
• 2024-07-03Enforcement Action Data Entered