EPA v. BENNETT LANDFILL FIRE SUPERFUND SITE CHESTER, SOUTH CAROLINA - UPSTATE ENVIRONMENTAL SERVICES, INC

Case summary

DECEMBER 19, 2024 - CERCLA SECTION 122(h) (1) SETTLEMENT AGREEMENT FOR DEMAND AMOUNT This Settlement is made and entered into by Upstate Environmental Services, Inc. ( 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. 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 retains 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. Within 30 days after Respondent receives notice from EPA that EPA has signed the Settlement and that the Attorney General or his designee has approved the Settlement, Respondent shall pay to EPA $428,223.18, together with Interest on that amount, accruing from the date of Respondent's signature through the date of payment.

Defendants (2)

• UPSTATE ENVIRONMENTAL SERVICES, INCNamed in settlement
• BENNETT LANDFILLNamed 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 - UPSTATE ENVIRONMENTAL SERVICES, INCentered 2024-12-19

  Primary law: CERCLA

Timeline (2 milestones)

• 2024-12-19Final Order Issued
• 2025-01-24Enforcement Action Data Entered