This Settlement is made and entered into by Clear Site Industrial, LLC (?Respondent?)
and EPA. Respondent consents to and will not contest EPA?s authority to enter into this Settlement
or to implement or enforce its terms. Respondent agrees to undertake all actions required by this
Settlement. This Settlement is binding upon EPA and upon Respondent and its heirs, successors, and
assigns.
A fire occurred at the Site. Responding to the fire were local firefighters and other first
responders, and the South Carolina Department of Health and Environmental Control (?DHEC?)
emergency personnel. DHEC requested EPA assistance. Given the presence of asbestos in the landfill,
which is a listed hazardous substance, EPA determined that Site conditions met criteria specified
at 40 C.F.R. ?300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan for
initiation of a removal action.
Improper disposal of asbestos containing materials (?ACM?) at the Site left significant
quantities of ACM with high asbestos concentrations exposed to the elements, which were being
transported by wind and weather. Improper Site operations left significant quantities of ACM with
high asbestos concentrations scattered across the entire landfill surface. Without
action, deteriorating conditions would have caused additional asbestos transport.
In performing the response action, EPA has incurred response costs at or in connection with the Site.
Crisis Hil