Enforcement

Case Summary: Settlement Reached For Past Response Costs at the LWD, Inc. Superfund Site in Kentucky

On April 18, 2013, EPA entered into a settlement agreement between EPA, 125 Settling Parties, and 19 Settling Federal Agencies to recover past costs at the LWD, Inc. Superfund Site in Calvert City, Ky.  Pursuant to the agreement, the parties paid $4,277,710.18, plus an additional sum for interest, to the Hazardous Substance Superfund.  The funds represented a recovery of approximately 86% of the outstanding past response costs incurred at the Site.

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Information about the Company

LWD, now defunct, was incorporated in the state of Kentucky and operated one of the largest hazardous waste incinerator facilities in the United States at the LWD Superfund Site.  In 2003, LWD declared bankruptcy, and the facility was abandoned in 2005.

Information about the LWD, Inc. Superfund Site

The LWD Superfund Site is an approximately 32-acre property located in Calvert City, Kentucky. From 1978 to 2003, LWD operated as a commercial hazardous waste facility that stored, treated, disposed and commercially incinerated bulk and containerized hazardous waste.  The Site operated under Resource Conservation and Recovery Act (RCRA) “interim status” from 1980 through mid-2004, during which time, several thousand generators arranged for the disposal of hazardous substances at LWD’s incinerator facilities.

Pollutants and Environmental Effects

During the EPA’s 2006 removal site evaluation and removal assessment, the EPA discovered numerous abandoned tanks, drums, and bulk storage containers housing various hazardous substances, pollutants and contaminants that include high levels of volatile organic compounds (VOCs), such as TCE, benzene, toluene, vinyl chloride, and xylenes, as well as toxic metals, such as arsenic, lead and chromium. High levels of dioxins were also identified in the incinerator ash abandoned at the Site.

Summary of the Settlement Agreement

The settlement agreement requires the 125 Settling Parties and 19 Settling Federal Agencies to pay $4,277,710.18, plus an additional sum for interest, to the Hazardous Substance Superfund for past costs incurred by the United States.  The past costs were incurred in connection with the EPA’s 2006 removal site evaluation and time-critical removal action at the Site. The Settling Federal Agencies’ portion of the total payment is approximately $247,232 and resolved past response costs incurred by a PRP-lead removal action in 2007.

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Contact Information

For more information contact:

F. Marshall Binford, Jr.
Associate Regional Counsel
U.S. EPA, Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
(404) 562-9543
binford.marshall@epa.gov

Rudolph C. Tanasijevich
Associate Regional Counsel
U.S. EPA, Region 4
61 Forsyth Street, S.W.
Atlanta, GA 30303
(404) 562-9557
tanasijevich.rudy@epa.gov

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