EPA v. WARD TRANSFORMER SUPERFUND SITE

Case summary

February 17, 2026 - ADMINISTRATIVE SETTLEMENT AGREEMENT FOR CERTAIN RESPONSE ACTIONS BY BONA FIDE PROSPECTIVE PURCHASER AND LOCAL GOVERNMENT In September 2005, the EPA signed an Administrative Settlement Agreement and Order on Consent with a group of potentially responsible parties to perform the time critical removal action at the Ward Transformer facility and some immediately surrounding areas, including Reach A, subsequently identified as OU-2. The agreement required the removal of soil and sediment containing PCBs and prevention of off-site migration of material that may contain PCBs (?OU-2 Removal Action?). The OU-2 Removal Action began in 2007. The OU-2 Removal Action soil cleanup level for PCBs was 1 milligram per kilogram (mg/kg). The EPA later approved a revised cleanup level of 10 mg/kg for soil that was thermally treated or beneath the treated soil final cover system (located within the footprint. The treated soil final cover system included a geotextile fabric as a marker layer and a minimum of 1 foot of off-site soil covered with vegetation or stone. Geotextile/plastic liners, crushed stone, concrete, soil or other engineering controls were also placed in areas where PCB-contaminated soil above the 1 mg/kg cleanup level was left in place. Table 1 of the OU-2 ROD includes a summary of the engineering controls in place. These areas include areas with excavation refusal, a limited area close to Interstate 540, an embankment along Lumley Road and the former Estes Express Lines (Estes) property south of the former Ward Transformer property. Excavation at the former Estes property was limited to a depth of two feet to avoid significant disruption of the then-operating business. The 2013 Supplemental Enforcement Action Memorandum required implementation of land use restrictions at the Estes property and other affected properties where complete removal is technically impracticable. The OU-2 Removal Action included excavation of PCB-contaminated soil and debris, demolition of site structures at the former Ward Transformer facility, low-temperature thermal desorption treatment of soil with reuse of the treated soil as backfill, off-site disposal of untreated soil and debris, backfilling of excavations, and site restoration. The soil treatment area primarily covered the former lagoon. The removal action included the removal and thermal treatment or off-site disposal of over 480,000 tons of PCB-contaminated soil, sediment and debris. As part of the removal action, uncontrolled runoff of PCB-contaminated sediment was eliminated. Affected sediment in the former lagoon and its embankment was removed and treated or taken off site for disposal. Figure 2 of the OU-2 ROD shows the removal extent and maximum excavation depths from the OU-2 Removal Action. The OU-2 Removal Action successfully met the requirements of the EPA?s 2004 Enforcement Action Memorandum, as updated by the 2013 Supplemental Enforcement Action Memorandum. On August 26, 2019, the EPA issued a Notice of Completion of Work that all work had been fully performed, in accordance with the removal settlement agreement.

Defendants (1)

• Ward TranformerNamed in settlement

Facilities (1)

• WARD TRANSFORMER

  6720 MT. HERMAN ROAD, RALEIGH, NC, 27612

  Registry ID: 110006367449

Statutes cited

• CERCLA 107L — Lien

Enforcement conclusions (1)

• WARD TRANSFORMER SUPERFUND SITEentered 2026-02-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2026-02-17Final Order Issued
• 2026-02-19Enforcement Action Data Entered