EPA AND TWELVE COMPANIES (RESPONDENTS) ENTERED INTO AN ADMINISTRATIVE AGREEMENT AND ORDER ON CONSENT EFFECTIVE JANUARY 17, 2006. UNDER THE TERMS OF THE AOC, RESPONDENTS ARE RESPONSIBLE FOR PERFORMING SAMPLING AND, IF NECESSARY, CLEANUP AT CERTAIN RESIDENTIAL PROPERTIES IN AND AROUND ANNISTON, AL, TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION FROM HAZARDOUS SUBSTANCES, INCLUDING LEAD AND PCBs.
RESPONDENTS HAVE USED THEIR BEST EFFORTS TO OBTAIN ACCESS AUTHORIZATION TO SAMPLE THESE 26 RESIDENTIAL PROPERTIES, BUT, TO-DATE, HAVE EITHER BEEN UNABLE TO LOCATE AN OWNER OR TENANT FROM WHOM TO OBTAIN ACCESS, OR HAVE BEEN DENIED ACCCESS. EPA SUBSEQUENTLY ALSO ATTEMPTED TO OBTAIN ACCESS, BUT TO NO AVAIL.
EPA IS APPLYING TO THE COURT FOR AN EX PARTE WARRANT FOR THESE 26 RESIDENTIAL PROPERTIES TO PERFORM SAMPLING ACTIVITIES, PURSUANT TO ITS ACCESS AUTHORITY UNDER CERCLA SEC 104(E)(3).