EPA v. BENNETT LANDFILL FIRE SUPERFUND SITE, CHESTER COUNTY, SC - JW DEMOLITION, LLC

Case summary

JUNE 5, 2026 - CERCLA SECTION 122(h)(1) SETTLEMENT AGREEMENT FOR DEMAND AMOUNT 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 response to the release or threatened release of hazardous substances at or from the Site, pursuant to Section 104 of CERCLA, 42 U.S.C. ? 9604, EPA undertook response actions at the Site including the following: a. The use of heavy equipment to uncover and extinguish burning portions of the landfill. Local firefighters and EPA extinguished the fire after five days of operations. Bulk solid samples confirmed that 4 out of 5 samples contained asbestos. b. Approximately one month after the initial response to the fire, smoke and smoldering debris were again observed at the Site, and DHEC requested that EPA perform a follow-up investigation. EPA, DHEC, and local emergency management officials conducted a Site walkthrough and observed erosion throughout the asbestos disposal cell. Deep rills were observed across the entire surface of the cell, which cut through the soft non-vegetated cover, thereby exposing asbestos waste at the bottom of the rills. Pieces of torn asbestos disposal bags and broken pieces of bulk material were observed scattered throughout the Site. c. EPA subsequently conducted a Removal Site Evaluation which documented that the fire was expanding. Landfill measurements indicated that up to 714,000 cubic yds. of potential fuel was available to fuel the fire which could persist for several years if not immediately addressed. d. EPA signed an Action Memorandum authorizing the expenditure of funds for a time-critical removal action at the Site, which has been completed. 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. Pursuant to EPA?s Superfund Cost Recovery Package Imaging and On-Line System summary, the EPA?s past costs through January 23, 2024, are $5,957,066.68.

Defendants (1)

• JW DEMOLITION, LLCNamed in settlement

Facilities (1)

• BENNETT LANDFILL FIRE

  4399 PICKNEY ROAD, CHESTER, SC, 29706

  Registry ID: 110067349300

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• BENNETT LANDFILL FIRE SUPERFUND SITE, CHESTER COUNTY, SC - JW DEMOLITION, LLCentered 2026-06-05

  Primary law: CERCLA

Timeline (2 milestones)

• 2026-06-05Final Order Issued
• 2026-07-09Enforcement Action Data Entered