DECEMBER 19, 2024 - CERCLA SECTION 122(h)(l) SETTLEMENT AGREEMENT FOR DEMAND AMOUNT
This Settlement is made and entered into by Madison Acquisitions, LLC, Cherokee Plaza Partners, LP, and Tristate SC One, LP ( Respondents ) and EPA. Respondents consent to and will not contest EPA's authority to enter into this Settlement or to implement or enforce its terms. Respondents agree to undertake all actions required by this Settlement. This Settlement is binding
upon EPA and upon Respondents and their 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.