EPA v. BAIRD & MCGUIRE INC.

Case summary

NATURE OF CASE THE BAIRD AND MCGUIRE FACILITY, LOCATED IN HOLBROOK, MA, HAS OPERATED AS A CHEMICAL COMPANY SINCE THE EARLY 1900'S. DURING PART OF THIS PERIOD THE COMPANY MANUFACTURED PESTI- CIDES, FLOOR WAXES, DISINFECTANTS AND OTHER CHEMICALS. IT IS NOT KNOWN WHEN THE CHEMICAL MANUFACTURING OPERATION TER- MINATED. THE FACILITY HAS IN RECENT TIMES OPERATED AS A CHEMICAL BATCHING PLANT, MIXING AND PACKAGING PESTICIDES, HERBICIDES, EMULSIFIERS, FLOOR WAXES, STRIPPERS, DISINFEC- TANTS, COAL TAR EMULSIFIERS, AND ASSOCIATED PRODUCTS. BAIRD AND MCGUIRE WAS LISTED ON THE NATIONAL PRIORITY LIST (NPL) ON 12/30/82; THE SITE RANKED 18 ON THE NPL. WITH REGARD TO PHYSICAL LAYOUT, THE FACILITY IS LOCATED ON A HILLSIDE WITH THE CHEMICAL BATCHING OPERATION SITUATED NEAR THE TOP OF THE HILL. THIS OPERATION INCLUDES A TANK FARM (APPROXIMATELY 30 TANKS OF VARIOUS TYPES), A MIXING VAT BUILDING, A LAB BUILDING, A WAREHOUSE SITUATED AT THE BOTTOM OF THE HILL AND AN OFFICE. TO THE EAST OF AND DOWNHILL FROM THE BATCHING OPERATION IS A DISTURBED AREA WHICH APPEARS TO HAVE BEEN A SAND & GRAVEL PIT AT ONE TIME. AT THE BASE OF THE HILL IS A 'SEEP' WHERE GROUNDWATER LADEN W/ CREOSOTEAND OTHER CONTAMINANTS DIS- CHARGES TO THE GROUND SURFACE. THIS SEEP IS CAUSED BY THE INTERSECTION OF THE WATER TABLE W/ THE GROUND SURFACE OF THE SITE DURING PERIODS OF HEAVY RAINFALL. A LOW DIKE FORMING A LAGOON HAS BEEN BUILT AT THIS SEEP TO COLLECT THE CONTAM- INATED WATER. THIS LAGOON FORMS PART OF AN OIL-WATER SEPAR- ATION SYSTEM. A SUMP SKIMS OFF THE CREOSOTE WHICH, THE COMPANY ALLEGED, IS STORED FOR REUSE, AND THE WATER IS PUMPED TO A RECHARGE POND WHERE IT IS AERATED AND ALLOWED TO INFILTRATE. A SMALL UNNAMED BROOK FLOWS ALONG THE NORTHERN EDGE OF THE SITE AND EMPTIES INTO THE COCHATO RIVER. THIS BROOK IS SEPERATED FROM THE LAGOON AREA BY A WETLAND. ALTHOUGH THE BAIRD AND MCGUIRE FACILITY HAS HAD A LONG HISTORY OF ENVIRONMENTALLY UNSOUND PRACTICES, THE SPECIFIC EVENTS LEADING TO THIS COST RECOVERY ACTION OCCURRED ON OR ABOUT 3/21/83. AT THAT TIME, EPA EMERGENCY RESPONSE PER- SONNEL WERE NOTIFIED THAT HEAVY RAINS HAD CAUSED A RUPTURE IN THE WALL OF THE OIL-WATER SEPARATION LAGOON AT THE SITE. UPON ENTERING THE SITE, THE PERSONNEL OBSERVED THAT THE LAGOON FAILURE HAD CAUSED APPROXIMATELY 10,000 GALLONS OF CONTAMINATED WATER TO SPILL INTO THE ADJACENT WETLAND. SAMPLING INDICATED THE PRESENCE OF NUMEROUS HAZARDOUS SUB- STANCES IN AND AROUND THE WETLAND INCLUDING CHLORDANE, DDT, DDE, ENDRIN, XYLENE, TOLUENE, AND BENZENE. CONTAMINATION OF THE WETLAND IS OF UTMOST HEALTH AND ENVIRONMENTAL CON- CERN, AS THE WETLAND IS BORDERED BY THE COCHATO RIVER WHICH FEEDS A DRINKING WATER RESERVOIR FOR APPROX 80,000. ACTING UNDER CERCLA 104, 42 U.S.C. 9604, EPA EMERGENCY RESPONSE PERSONNEL REQUESTED FUNDS FOR AN IMMEDIATE REMOVAL ACTION. THESE FUNDS WOULD BE USED TO: REPAIR THE LAGOON WALL WITH SAND BAGS, ERECT A SECURITY FENCE AROUND THE FACILITY TO LIMIT PUBLIC ACCESS, AND SAMPLE AND MONITOR FOR CONTAMINANTS. ON 4/11/83, $192,000 WAS OBLIGATED FOR THESE ACTIVITIES. BAIRD AND MCGUIRE AND ITS OFFICERS ARE LIABLE TO THE U.S. FOR THESE RESPONSE COSTS UNDER CERCLA 107, 42 U.S.C. 9607.

Defendants (4)

• BAIRD & MCGUIRE, INC.Named in complaintNamed in settlement
• BAIRD REALTY CO., INC.Named in complaintNamed in settlement
• BAIRD, CAMERONNamed in complaintNamed in settlement
• BAIRD, GORDONNamed in complaintNamed in settlement

Facilities (1)

• BAIRD & MCGUIRE

  775 SOUTH ST, HOLBROOK, MA, 02343

  Registry ID: 110003418418

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E4 — Inspection and Samples

Enforcement conclusions (1)

• BAIRD & MCGUIRE INC.entered 1987-09-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-07-12Referred To Headquarters
• 1983-08-12Referred To Dept Of Justice
• 1983-09-26Referred TO U.S. Attorney
• 1983-10-04Complaint Filed With Court
• 1987-09-02Final Order Lodged
• 1987-09-02Final Order Entered
• 1987-09-02Concluded