EPA v. INMONT CORP(WINTHROP TOWN LANDFILL)

Case summary

On March 16, 2022, the Amended consent decree was entered by the district court of Maine. On January 24, 2022, the U.S. Department of Justice filed a notice of lodging and motion to reopen in U.S. District Court for the District of Maine regarding a proposed consent decree amendment related to the Winthrop Landfill Superfund Site. The proposed amended consent decree will modify a 1986 Consent Decree to provide for two settling defendants to implement additional cleanup measures at the Site in Winthrop, Maine. The United States will publish a notice in the Federal Register on January 28, 2022, that the amended consent decree has been lodged with the court beginning a 30-day comment period for the public. THE CAUSE OF ACTION IN THIS CASE IS BASED ON SECT 106 OF CERCLA. UNDER THIS SECTION, THE REGION REQUESTS THAT THE COURT ORDER THE DEFS TO TAKE ACTIONS NECESSARY TO REMEDY THE CONDITION AT THE WINTHROP, ME LANDFILL. THE DEFS HAVE AL- READY AGREED W/EPA AS TO A WORK PLAN FOR CLEANING UP THE SITE & HAVE AGREED TO SIGN A CONSENT DECREE. THE SITE LIES ALONG THE WESTERN SHORE OF ANNABESSACOOK LK & CONTAINS APPROX 20 ACRES THAT HAVE AT VARIOUS TIMES BEEN USED AS A MUNICIPAL LANDFILL. 21 HOMES ARE ADJACENT TO THE SITE, MOST OF WHICH OBTAINED THEIR DRINKING WATER FROM WELLS AT THE TIME THE SITE WAS DISCOVERED. ANNABESSACOOK LK FALLS W/IN THE UPPER REACHES OF THE COBBOSSEE WATERSHED; LOWER REACHES OF THE WATERSHED PROVIDE BACKUP MUNICIPAL WATR SUPPLIES FOR AUGUSTA, ME. IN THE '30'S, THE TOWN DUMP BEGAN OPERATION, ACCEPTING MIXED MUNICIPAL, COMMERCIAL, & INDUS- TRIAL WSTS. WASTES WERE BURIED THERE UNTIL 1972, WHEN LAND- FILLING BEGAN. BETWEEN EARLY '50'S & MID-1970'S, COMMERCIAL & INDUSTRIAL ENTITIES DISPOSED OF CHEMICAL WSTS AT THE SITE. MOST OF THOSE WSTS CONSISTED OF COMPLEX ORGANIC CPDS, IN- CLUDING RESINS, PLASTICIZERS, SOLVENTS, & OTHER PROCESS CHEMICALS. IN CERTAIN AREAS, FREE LIQUIDS WERE DUMPED & BURNED, & MANY BARRELS OF LIQUID WST LIE BURIED ON THE SITE. ESTIMATES OF CHEM WST DISPOSED OF THERE EXCEED 3 MIL GAL'S. EPA/STATE RESPONSE ACTIVITIES: EPA HAS HAD A RI/FS PREPARED FOR THE SITE. IT HAS MONITORED & SUPERVISED A QUARTERLY PGM OF RESIDENTIAL & MONITORING WELLS INSTALLED BY A PRP. EPA ALSO ENTERED INTO CONSENSUAL ADM ORDER W/INMONT & TOWN OF WINTHROP. THIS AO PROVIDED THAT INMONT WOULD INSTALL AN ALTERNATE WTR SUPPLY, IN THE FORM OF A PIPELINE, TO RESIDENTIAL HOMES THAT HAD THEIR PRIVATE WELLS CLOSED. THE STATE DEPT OF ENV PROTECTION IS WILLING TO COOPER- ATE AS WELL AS TO BE CO-PLAINTIFF W/U.S. IN ENFORCEMENT & RECOVERY ACTIONS, & WILL BE A SIGNATORY TO THE CONSENT DE- CREE. THE STATE'S ACTION WOULD BE, IN PART, FOR RECOVERY OF COSTS INCURRED BY MAINE FOR RESPONSE ACTIONS AT THE SITE. SETTLEMENT: THE SETTLEMENT CALLS FOR THE DEFS TO IMPLEMENT SITE CLOSURE & POST-CLOSURE ACTIVITIES, COMPLETE A PERMANENT AL- TERNATE WATER SUPPLY TO RESIDENTS IN AFFECTED AREA, MONITOR THE SITE, ESTABLISH INSTITUTIONAL CONTROLS ON GW EXTRACTION & EXCAVATION, & MAKE A DEMONSTRATION FOR AN ALTERNATE CON- CENTRATION LIMIT (ACL) FOR CONTAMINANTS IN THE GW. IF, ONCE THE ACL IS ESTABLISHED, IT IS EXCEEDED, THE SETTLEMENT RE- QUIRES THAT THE DEFS IMPLEMENT A PUMP & TREAT SYSTEM TO EX- TRACT & TREAT CONTAMINATED GW. THE DEFS WILL ALSO BE RE- QUIRED TO PAY $400,000 TO THE HAZARDOUS SUBSTANCES RESPONSE TRUST FUND WHICH WILL REIMBURSE THE GOVT FOR 60% OF ITS RE- SPONSE & ENFORCEMENT COST, LEAVING $250,000 UNRECOVERED. THE TOT VALUE OF THE SETTLEMENT TO THE U.S. IS ESTIMATED TO BE $6.5 MIL.THE STATE OF MAINE AS CO-PLAINTIFF WILL BE RE- COVERING AN ADDITIONAL $75,000 FOR ITS PAST COSTS & NATURAL RESOURCES CLAIM.

Defendants (4)

• INMONT CORPORATIONNamed in complaintNamed in settlement
• SAVAGE, EDWARD
• SAVAGE, EVERETT
• WINTHROP, TOWN OFNamed in settlement

Facilities (1)

• WINTHROP LANDFILL

  ANNABESSACOOK RD, WINTHROP, ME, 04364

  Registry ID: 110009261583

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• INMONT CORP (WINTHROP TOWN LANDFILL)entered 2022-03-16

  Primary law: CERCLA

• INMONT CORP(WINTHROP LANDFILL)entered 1986-03-24

  Primary law: CERCLA

Timeline (5 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-15Referred To Dept Of Justice
• 1986-01-29Complaint Filed With Court
• 2022-01-24Final Order Lodged
• 2022-03-16Final Order Entered