The former Philip Services Corporation facility was operated from approximately 1966 until 2003 as a Resource Conservation and Recovery Act (RCRA) hazardous waste treatment, storage, and disposal facility under interim status as well as a recycling and distillation facility. After ceasing operation of the incinerator in December 1995, the facility operated as a fuel blending, storage, and transfer facility. The facility (also known as ThermalKEM) is located at 2324 Vernsdale Road in Rock Hill, SC (the Site). The facility was operated under the names of Quality Drum Company, Industrial Chemical Company, Stablex South Carolina, Inc., American NuKEM Corporation, ThermalKEM, Inc., Petro-Chem, and Philip Services Corporation (PSC).
In 2001, PSC notified DHEC of its intent to close the facility. A closure plan was approved in November 2002. In June 2003, prior to completion of the closure, PSC filed Chapter 11 bankruptcy. The United States Bankruptcy Court appointed Restoration & Redevelopment Solutions, LLC (R&R) as the custodial trustee of the facility property. As part of the PSC bankruptcy plan and the December 2003 bankruptcy settlement between DHEC, the United States Environmental Protection Agency (EPA), R&R, and the PSC debtors, a custodial trust account was established to provide partial funding for response actions, including investigation and remediation actions, and closure and post-closure actions selected and approved by DHEC. A memorandum of agreement between DHEC and EPA established DHEC as the lead governmental agency for these response actions. DHEC is conducting response actions pursuant to its authority under the South Carolina Hazardous Waste Management Act (HWMA), S.C. Code Ann. § 44-56-200, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601, et seq.