EPA v. JOHNS-MANVILLE ASBESTOS SITES

Case summary

JOHNS-MANVILLE SALES CORP ET AL. NASHUA, NH. FILED 6/22/81, CIV ACTION #81-299-D, AMENDED 6/30/82. U.S. DIST COURT FOR THE DIST OF NH. J-M SALES CORP (JM) MNFCTS PRO- DUCTS CONTAINING ASBESTOS AT ITS NASHUA, NH PLANT. ACCORDING TO COMPLAINT, THE COMPANY DISPOSED OF ASBESTOS WASTES ON 6 SITES IN HUDSON, NH & CONDITIONS AT THE SITES POSE ENDANGERMENTS TO HEALTH & ENV. J-M IS ALLEGED TO HAVE DISPOSED OF THE ASBESTOS WASTES AT THE FOLLOWING SITES: MATARAZZO SITE, BURSEY SITE, BAKER SITE, ALUKONIS SITE, CHOATE SITE, LEMIEUX SITE. ACCORDING TO COMPLAINT, NEITHER J-M NOR THE 6 SITE OWNERS TOOK ADEQUATE MEASURES TO PREVENT FRIABLE ASBESTOS FIBERS FROM COMING TO SURFACES OF SITES OR BEING DISPERSED. FIBERS CAN BE DISTURBED BY WIND, ANIMAL OR HUMAN ACTIVITY & CAN BE INHALED. ASBESTOS IS A KNOWN HUMAN CARCINOGEN & INHALATION OF ASBESTOS FIBERS CAN CAUSE LUNG CANCER & MESOTHELIOMA. RELIEF IS SOUGHT PURSUANT TO SECTION 7003 OF RESOURCE CONSERVATION & RECOVERY ACT & SECTION 106(A) OF CERCLA. THE SUIT ASKS THE COURT TO DO THE FOLLOWING: ENJOIN FURTHER ASBESTOS DISPOSAL AT THE 6 SITES; ENJOIN ALTERATIONS OF THE SITES W/O PRIOR APPROVAL OF US EPA; ORDER J-M TO PREPARE A PLAN SUBJECT TO EPA APPROVAL TO COVER THE 6 SITES WITH SOIL & VEG, & TO MAINTAIN THE COVERS TO PREVENT ASBESTOS FIBERS FROM BECOMING AIRBORNE; PERFORM SPECIFIC MAINTENANCE DUTIES WITH RESPECT TO THE SITES UNTIL THE SITES ARE PROPERLY COVERED (J-M ONLY); SUBMIT TO EPA A DESCRIPTION OF ALL SITES WHERE IT HAS DISPOSED OF ASBESTOS WASTES. (J-M ONLY); POST A PERFORMANCE BOND TO INSURE ACCOMPLISHMENT OF ALL REMEDIAL MEASURES (J-M ONLY); ORDER LANDOWNERS TO RECORD A NOTATION ON THE DEEDS FOR EACH SITE STATING THAT ALL ACTIONS WHICH MIGHT DISTURB THE ASBESTOS WASTES ARE SUBJECT TO EPA-APPROVED PRECAUTIONS; PERMIT PLAINTIFF ACCESS TO THE SITES; REIMBURSE PLAINTIFF FOR ALL COSTS; AWARD PLAINTIFF THE COSTS OF THE SUIT & SUCH OTHER RELIEF AS THE COURT FINDS JUST & APPROPRIATE. LEAD ATTY: S JONES LITIGATION PLAN: UNTIL THE STAY IS LIFTED NO FURTHER COURT ACTION CAN BE TAKEN. THE STIPULATION WAS SUBMITTED TO EPA HQ(BROWN & PERRY) ON 7/30/82. THE STIPULATION & 3 CD'S WERE SUB- MITTED ON 8/22/82. THE 3 CD'S & STIPULATION WERE RESUB- MITTED TO EPA HQ(BROWN & PERRY) ON 9/22/82 FOR APPROVAL. THERE HAS BEEN NO DECISION TO DATE. OWPE IS CONSIDERING OLEC-W'S RECOMMENDATION THAT NO COMPLAINT BE FILED AGAINST W/LANDOWNERS/JM FOR THE THREE NEWLY IDENTIFIED SITES. THESE 3 SITES ARE NOT PART OF THE FILED ACTION. 12-30-82: CONSENT DECREES FRO THREE SITES & STIPULATIONS BETWEEN J-M AND EPA WERE CONCURRENTLY DRAFTED AND SUBMITTED TO ROBERT PERRY. THE COURT HAS NOT SET A DATE TO HEAR THE PRELIMINARY INJUNCTION (WHICH HAD BEEN FILED ON 6/30/82) AND BOB PERRY HAS NOT OPINED ON THE DECREES AND STIPULATION. J-M FILED FOR BANKRUPTCY ON 8/26/82 AND THE DISTRICT COURT STAYED ALL LEGAL PROCEEDINGS ON NOV. 15, 1982. STAFF ATT'YS WILL RECOMMEND TO PERRY THAT AN APPEAL BE TAKEN ON THIS RULING. IN ADDITION, EPA INTENDS TO HANDLE THE THREE NEWLY DISCOVERED SITES ADMINISTRATIVELY ONCE THE STAY IS LIFTED.

Defendants (7)

• ALUKONIS STANLEYNamed in settlement
• BAKER THOMASNamed in settlement
• BURSEY, AUTHURNamed in settlement
• CHOATE, MR & MRS J.Named in settlement
• JOHNS-MANVILLE SALES CORPORATIONNamed in complaintNamed in settlement
• LEMIEUX, MR & MRS JNamed in settlement
• MATARAZZO, MR & MRS A.Named in settlement

Facilities (9)

• JOHNS MANVILLE ASBESTOS SITES

  FOREST ST, NASHUA, NH, 03060

  Registry ID: 110010761684

• BAKER SITE

  195 CENTRAL ST RTE 111, HUDSON, NH, 03051

  Registry ID: 110009259408

• JOHNS MANVILLE ASBESTOS SITES

  VIRGINIA DR, HUDSON, NH, 03051

  Registry ID: 110010761693

• B N Z MATERIALS INC

  40 BRIDGE ST, NASHUA, NH, 03061

  Registry ID: 110009421312

• CHOATES SITE

  4 VIRGINIA DR, HUDSON, NH, 03051

  Registry ID: 110009348759

• JOHNS MANVILLE ASBESTOS SITES

  WATSON RD, NASHUA, NH, 03060

  Registry ID: 110010761675

• JOHNS MANVILLE ASBESTOS SITES

  RTE 111, HUDSON, NH, 03051

  Registry ID: 110010761700

• ALUKONIS STANLEY SITE

  197 CENTRAL ST RTE 111, HUDSON, NH, 03051

  Registry ID: 110010786596

• JOHNS MANVILLE ASBESTOS SITES

  RIDGE AVE, HUDSON, NH, 03051

  Registry ID: 110010761666

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (3)

• MATARAZZO/JOHNS MANSVILLE SITEentered 1990-09-15

  Primary law: CERCLA

• BURSEY/JOHNS MANVILLE SITEentered 1991-01-17

  Primary law: CERCLA

• JOHNS-MANSVILLE ASBESTOS SITEentered 1990-10-23

  Primary law: CERCLA

Timeline (7 milestones)

• 1980-09-01Referred To Headquarters
• 1980-11-04Referred To Dept Of Justice
• 1980-11-04Referred TO U.S. Attorney
• 1981-06-22Complaint Filed With Court
• 1991-01-17Final Order Entered
• 1991-01-17Final Order Lodged
• 1991-10-03Concluded