EPA v. MOTTOLO, RICHARD, ET AL.

Case summary

SYNOPSIS: RICHARD A. MOTTOLO OWNS PROPERTY ON BLUEBERRY HILL RD IN RAYMOND, NH. IT IS APPROX. 50 ACRES OF UNDEVELOPED, WOOD- ED LAND. OVER 1600 55-GAL DRUMS & 5-GAL PAILS WERE BURIED IN A QUARTER ACRE SITE IN A CLEARED AREA FORMERLY USED AS A PIGGERY. BETWEEN 1975 & 1978 MR. MOTTOLO TRANSPORTED & DISPOSED OF HAZARDOUS WASTE FROM K.J. QUINN CO. AT THE MOTTOLO SITE. BETWEEN 1977 & 1978 MR. MOTTOLO ALSO TRANSPORTED & DISPOSED OF HAZARDOUS WASTES FROM LEWIS CHEMICAL CO. AT THE SITE. IN JUNE 1980 NHWS&PCC REQUESTED THAT EPA ACT TO PREVENT RELEASE OF HAZARDOUS SUBSTANCES FROM THE MOTTOLO SITE. PUR- SUANT TO SECT. 311 OF THE CWA, 33 U.S.C. SECT 1231, EPA BE- GAN AN EMERGENCY ACTION AT THE SITE ON SEPT. 9, 1980. DRUMS WERE EXCAVATED & STORED IN NEARBY SHED; THIS INITIAL WORK WAS COMPLETED BY 12/4/80. NO FUNDS WERE AVAILABLE TO COM- PLETE THE REMOVAL & SITE WAS SECURED UNTIL PLANNED REMOVAL COULD BE FUNDED. SUBSEQUENT TO PASSAGE OF CERCLA , SITE WAS LISTED ON INTERIM PRIORITY LIST IN 10/81 & REMOVAL WAS FUND- ED BY CERCLA. REMOVAL BEGAN ON 11/30/81 & WAS COMPLETED ON 1/22/82. EPA REMOVED 1616 DRUMS & PAILS FROM THE SITE & RE- GRADED & RESEEDED THE AREA. APPROX. $354,000 WAS SPENT FROM SECT. 311 FUNDS & APPROX $390,000 FROM CERCLA FUNDS. NH'S ATTY GEN FILED SUIT IN ROCKINGHAM SUPERIOR CT. ON MAY 31, 1979 (NO. E-952-79) AGAINST RESPONDENTS. THE STATE EXPENDED $42,000 ON CLEAN-UP EFFORTS & ANTICIPATES SPENDING $50,000 MORE TO STUDY THE HYDROGEOLOGICAL CONDITION AROUND THE SITE. STATE IS CONSIDERING INTEVENING IN FEDERAL CASE & REMOVING STATE CASE TO U.S. DIST. COURT. BASIS OF ALLEGED VIOLATIONS: CONTAINERS HOLDING THE WASTE GENERATED BY QUINN & LEWIS WERE DEPOSITED BY MOTTOLO IN RAVINE THAT LEADS TO AN UNNAMED TRIB OF THE EXETER RIVER. INVESTIGATIONS BY NH DIV OF PUB- LIC HEALTH SERVICES IN 4/79 REVEALED THAT CHEM. WASTES WERE LEAKING FROM CONTAINERS, HAD CONTAMINATED SURFACE WATERS DRAINING THROUGH THE RAVINE, & HAD CONTAMINATED TRIB OF THE EXETER RIVER, WHICH SERVES AS THE WATER SUPPLY FOR EXETER, HAMPTON, & STRATHAM. MOST OF THE DRUMS WERE PARTIALLY CRUSHED DURING DSPOSL. ONLY 83 EMPTY DRUMS & 7 EMPTY PAILS WERE FOUND; THE REMAINING CONTAINERS RETAINED MOST OF THEIR CONTENTS, ALTHOUGH THERE WAS AN UNQUANTIFIABLE AMT OF LEAK- AGE DUE TO CORROSION, LOOSE COVERS, ETC. CAUSE OF ACTION: THE BASIS FOR THE CAUSES OF ACTION IS SECT 107(A) OF CERCLA, WHICH PROVIDES FOR A RIGHT OF RECOVERY OF U.S. GOVT. FUNDS EXPENDED IN SUCH CLEAN-UP EFFORTS, & OTHER APPROPRIATE THEORIES OF RECOVERY FOR FUNDS EXPENDED PRIOR TO CERCLA FUNDING. APPROX $354,000 WAS SPENT PURSUANT TO SECT 311 PRIOR TO CERCLA FUNDING. HOWEVER, THERE WERE NO REPORTABLE QUANTI- TIES RELEASED FROM THE SITE SET OUT IN 40 CFR SECT 117.3, AS REQUIRED BY SECT. 311(B)(3) & (4), 33 U.S.C. SECT.1321(B) (3) & (4). THE SECT 311 FUNDS EXPENDED CANNOT BE RECOVERED UNDER 311(F) BUT MUST BE SOUGHT UNDER ANOTHER THEORY SUCH AS THE THEORY OF RESTITUTION. CURRENT EPA POLICY STRESSES VIGOROUS PURSUIT OF RE- SPONSIBLE PARTIES FOR RECOVERY OF COSTS INCURRED IN CERCLA REMOVAL OR REMEDIAL ACTIONS. A TOTAL OF APPROX. $744,000 OF GOVT MONEY HAS BEEN EXPENDED THUS FAR.

Defendants (5)

• K.J. QUINN CHEMICAL CO.Named in complaintNamed in settlement
• LEWIS CHEMICAL CO.Named in complaintNamed in settlement
• MOTTOLO, RICHARDNamed in complaintNamed in settlement
• SERVICE PUMPING & DRAIN CO., INC.Named in complaintNamed in settlement
• SUTERA, CARLNamed in complaintNamed in settlement

Facilities (1)

• MOTTOLO PIG FARM

  BLUEBERRY HILL ROAD, RAYMOND, NH, 03077

  Registry ID: 110001123169

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• K.J. QUINN & CO. (MOTTOLO)entered 1991-01-15

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-09-29Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-08-26Referred TO U.S. Attorney
• 1983-09-08Complaint Filed With Court
• 1991-01-15Final Order Lodged
• 1991-01-15Final Order Entered
• 1991-01-15Concluded