DECEMBER 19, 2024 - CERCLA SECTION 122(h)(1) SETTLEMENT AGREEMENT FOR DEMAND AMOUNT
This Settlement concerns the Bennett Landfill Fire Superfund Site (?Site?) located at 4399 Pinckney Road in Chester, Chester County, South Carolina. EPA alleges that the Site is a ?facility? as defined by Section 101(9) of CERCLA, 42 U.S.C. ? 9601(9).
This Settlement is made and entered into by NEO Corporation (?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 qu