EPA AND 12 COMPANIES ( RESPONDENTS ) ENTERED INTO AN ADMINISTRATIVE AGREEMENT AND ORDER ON CONSENT EFFECTIVE JAN 17, 2006 (AOC). UNDER THE TERMS OF THE AOC, RESPONDENTS ARE RESPONSIBLE FOR PERFORMING CLEANUP AT CERTAIN RESIDENTIAL PROPERTIES IN AND AROUND ANNISTON, AL, WHERE CONCENTRATIONS OF HAZARDOUS SUBSTANCES, INCLUDING LEAD AND PCBs, EXCEED REMOVAL ACTION LIMITS.
RESPONDENTS HAVE USED THEIR BEST EFFORTS TO OBTAIN ACCESS AUTHORIZATIONS TO CLEAN UP THESE 13 RESIDENTIAL PROPERTIES, BUT, TO DATE, HAVE EITHER BEEN UNABLE TO LOCCATE AN OWNER OR TENANT FROM WHOM TO OBTAIN ACCESS, OR HAVE BEEN DENIED ACCESS. EPA SUBSEQUENTLY ALSO ATTEMPTED TO OBTAIN ACCESS, BUT TO NO AVAIL.
EPA IS APPLY TO THE COURT FOR AN EX PARTE WARRANT FOR ACCESS TO THESE 13 RESIDENTIAL PROP0ERTIES TO PERFORM CLEANUP ACTIVITIES PURSUANT TO ITS ACCESS AUTHORITY UNDER CERCLA SECTION 104(e)(3).