← EPA enforcement cases

JONES, SAMUEL M ESTATE OF, ET. AL.

Judicial · FY2005 · — · — · 129941

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Penalty
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Cost recovery
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Compliance action

Case

Case Number
03-2005-0410
Type
Judicial
Lead
EPA
Outcome
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DOJ Docket
90-11-2-08261
Multimedia
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Self-disclosure
N

Defendants (2)

Summary

EPA HAS PREPARED A REFERRAL TO THE UNITED STATES DEPARTMENT OF JUSTICE ( DOJ ) FOR AN ACTION TO RECOVERY APPROXIMATELY $954,691.52 IN RESPONSE COSTS INCURRED BY THE EPA FOR REMOVAL ACTIONS TO ADDRESS THE RELEASE OF HAZARDOUS SUBSTANCES AT THE SAME JONES JUNKYARD SITE, A FORMER AUTOMOTIVE SALVAGE/INDUSTRIAL JUNKYARD, LOCATED IN GAINESVILLE, PRINCE WILLIAM COUNTY, VIRGINIA ( SITE ). THE SITE CONTAMINATED WITH VARIOUS HAZARDOUS SUBSTANCES, INCLUDING LEAD AND PCBS. THE RECOMMENDED DEFENDANTS ARE THE OWNER AND OPREATOR OF THE SITE, THE ESTATE OF SAMUEL M. JONES, AND THE OPERATOR OF THE SITE, SAM'S JUNK, RECYCLE, SCRAP & MATERIALS SERVICES, INC. EPA CONDUCTED A REMOVAL IN 1999 TO PREVENT THE MIGRATION OF CONTAMINANTS FROM THE SITE. EPA SUBSEQUENTLY ORDERED THE PROPOSED DEFENDANTS TO CONTINUE CERTAIN RESPONSE ACTIONS, WHICH WERE COMPLETED TO EPA'S SATISFACTION. EPA NOTIFIED THE ESTATE OF ITS POTENTIAL LIABILITY FOR EPA'S SITE COSTS IN 2001. AFTER EPA ATTEMPTED TO INITIATE SETTLEMENT DISCUSSIONS, THE ESTATE ALLEGED THAT CERTAIN AGENCIES OF THE FEDERAL GOVERNMENT HAD CONTRIBUTED HAZARDOUS SUBSTANCES TO THE SITE AND IT ARGUED THAT THE UNITED STATES MAY BE UNABLE TO RECOVER ANY OF ITS PAST COSTS. IN ORDER TO AVOID DEFENSES BASED ON A STATUTE OF LIMITATIONS THEORY, EPA REQUESTS THAT THE PROPOSED ACTION BE FILED ON OR BEFORE OCTOBER 15, 2004, UNLESS A TOLLING AGREEMENT WITH THE RECOMMENDED DEFENDANTS IS EXTENDED.

Source

Authoritative
EPA ECHO
Machine
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