# CEDARTOWN BATTERY SUPERFUND SITE
> **Judicial** · FY1994 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `21053`
- **Case Number:** 04-1994-0262
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** $0
- **Cost recovery:** $231K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- AMSOUTH BANK OF ALABAMA (complaint) (settlement)
- DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2 (complaint) (settlement)
- DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 3 (complaint) (settlement)
- MCMAHON, AARON, D/B/A HESTER BATTERY (complaint) (settlement)
- PARKER, CARL L. (complaint) (settlement)
## Summary

THIS IS A CLEANING OF A BATTERY CRACKING OPERATION THAT      EXISTED FROM THE 1960'S UNTIL 1977.  THE LAND WAS AND IS     OWNED BY AMSOUTH BANK, N.A. AS TRUSTEE OF THE WILLIAM M.     LEARY TRUST.  THE OPERATORS (ALBERT & HENRY DINGLER) ARE     DEAD AND THERE ARE NO RECORDS.  THE INFORMATION ON THE       GENERATORS CAME FROM INTERVIEWS OF JOHN AND DONALD DINGLER   (SONS AND BROTHERS OF THE OPERATORS), WHO PICKED UP          BATTERIES AT VARIOUS GENERATOR LOCATIONS AND DROVE THEM TO   CEDARTOWN FOR CRACKING.  JOHN DINGLER USED THE SITE TO SPLIT 100 BATTERIES/WK FOR A 4-6 MONTH PERIOD IN 1977.             APPROXIMATELY 2.16 MILLION BATTERIES WERE BROKEN OPEN AT THE SITE TO REDEEM THE LEAD.  SUPERFUND WAS CONTACTED BY A       CONCERNED CITIZEN IN 1988, AND CONDUCTED A 2-STAGE FUND LEAD REMOVAL FROM JUNE TO JULY 1991.  THE CONTAMINANT OF CONCERN  WAS LEAD.                                                    COSTS TO DATE AT THE SITE TOTAL $1,561,025.90.  THIS ACTION  SEEKS TO RECOVER THOSE REMOVAL (AND OVERHEAD) COSTS.         THREE OF THE PRP'S - AMSOUTH BANK, N.A., HESTER BATTERY, AND MACON BATTERY, HAVE MADE SETTLEMENT OFFERS TOTALLING         $221,335.65.  EPA IS RECOMMENDING THAT THOSE OFFERS BE       ACCEPTED, AND NO FURTHER ENFORCEMENT ACTION BE TAKEN, IN     LIGHT OF                                                                                  A) THE LACK OF DOCUMENTARY      EVIDENCE.                                                                                 B) THE 

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