EPA REQUESTS THAT A CIVIL ACTION BE BROUGHT IN GEORGIA'S NORTHERN DISTRICT COURT AGAINST THE PRP'S DISCUSSED BELOW FOR RECOVERY OF RESPONSE COSTS INCURRED BY THE U.S. IN RESPONSE TO THE RELEASE, OR THREAT OF RELEASE, OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT AT THE MURPHY AVENUE DRUM SITE LOCATED AT 1230 MURPHY AVENUE IN ATLANTA, FULTON COUNTY, GA. FROM 1992 THROUGH 1997, THE SITE WAS HOME TO BLACKSHEAR DRUM SERVICES, A DRUM STORAGE BUSINESS, OPERATED BY MR. DEMASTER BLACKSHEAR. EIGHT CORPORATIONS: NOVAMAX CORP (HENKEL CORP.); HILL MANUFACTURING CO., INC.; UNION CARBIDE CORPORATION; ABC COMPOUNDING COMPANY; SUNCO; SOUTHERN CHEMICAL; P&G DESIGNER TUBS AND DAVIS MANUFACTURING AND PACKAGING, SIC TECHNOLOGIES, INC, WERE IDENTIFIED BY MR. BLACKSHEAR AS COMPANIES WHICH GAVE HIM USED DRUMS. MR. BLACKSHEAR TRANSPORTED USED DRUMS WITH VARYING AMOUNTS OF HAZARDOUS SUBSTANCES (ACIDS, CORROSIVES, AND OXIDIZERS) FROM THESE COMPANIES TO THE SITE; THEREFORE, MR. BLACKSHEAR IS LIABLE AS THE OWNER/OPERATOR OF A FACILITY AT WHICH HAZARDOUS SUBSTANCES WERE DISPOSED, AND AS A TRANSPORTER OF HAZARDOUS WASTE UNDER CERCLA SECTIONS 107(A)(2) AND 107(A)(4), RESPECTIVELY. THE AFOREMENTIONED COMPANIES ARE ALSO LIABLE UNDER CERCLA SECTION 107(A)(3) AS GENERATORS WHO ARRANGED FOR THE DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE.
5/22/02 - TWO PARTIAL CDs ENTERED.
1. PARTIAL CD I - SETTLING DEFENDANTS: ABC COMPOUNDING COMPANY; DAVIS MANUFACTURING AND PACKAGING, INC.; HENKEL CORPORAT