EPA v. JOHNS-MANVILLE ASBESTOS LANDFILL

Case summary

CASE SUMMARY: THIS CIVIL ACTION IS BROUGHT AGAINST BOSTON & MAINE CORP FOR COST RECOVERY UNDER CERCLA SECT 107, 42 USC 9601. CASE INVOLVES EMERGENCY REMOVAL ACTION THAT WAS INITIATED ON AUGUST 1, 1984 BY EPA, TO COVER AN ASBESTOS LANDFILL WITH 30 INCHES OF GRAVEL, STONE, & TOPSOIL. THE SITE IS LOCATED AT IRON HORSE PARK, AN INDUSTRIAL PARK COMPLEX OF APPROXIMATELY 1280 ACRES IN NORTH BILLERICA, MASS, 30 MI NW OF BOSTON. THE LANDFILL OCCUPIES A 15-ACRE SECTION OF THE PARK. MUCH OF THE PARK IS DOMINATED BY BOSTON & MAINE CORPORATION'S (B&M) RAILROAD TRACKS, RAILYARD, OFFICES, & REPAIR FACILI- TIES. JOHNS-MANVILLE (J-M) LEASED THE LANDFILL FROM B&M FROM 1943 THROUGH NOVEMBER 1974, DURING WHICH TIME J-M DIS- POSED ASBESTOS DUST, OTHER ASBESTOS MILL WASTES & ASBESTOS SLUDGE DREDGED FROM LAGOONS ON J-M'S PROPERTY. THE QUANTITY OF ASBESTOS WASTES IS UNKNOWN. IN 1976, THE MASS BAY TRANS- PORTATION AUTHORITY (MBTA) PURCHASED APPROXIMATELY 3 ACRES ON THE WESTERN EDGE OF THE LANDFILL. ON 5/2/74, MASS DIV OF ENVIRONMENTAL HEALTH ISSUED J-M NOTICE CITING 2 VIOL'S OF THE REGS FOR DISPOSAL OF SOLID WASTES BY SANITARY LANDFILL, SECT 15A, CHAPTER III, MASS GEN LAW. ON 9/29/75, J-M NOTIFIED THE COMMONWEALTH THAT COST OF COMPLIANCE W/REGS MADE CONTINUED OPERATION ECONOMICALLY IN- FEASIBLE. J-M RETAINED CONTRACTOR SERVICES FOR REMOVAL & DISPOSAL OF SOLID WSTS, & DUMP'G OPERATIONS CEASED ON NOV. 30, 1975. ON 12/9/75, MASS DEQE INSPECTED SITE & VERIFIED THAT IT WAS CLOSED & COVERED. DEQE INSPECTED LANDFILL 3 YRS LATER & OBSERVED EXPOSED ASBESTOS. ON 9/15/78, DEQE ISSUED ORDER TO J-M & B&M TO ABATE CONDITIONS AT LANDFILL. THEY REPORTEDLYL ATTEMPTED TO DO SO. NO MAJOR DEVELOPMENTS OCCURRED AT LANDFILL FROM 1978 THRU 1982. IN RESPONSE TO CITIZEN COMPLAINTS ABOUT THE PARK A PRELIMINARY SITE ASSESSMENT & OTHER STUDIES WERE PERFORMED AT THE PARK. A REPORT BY CDC DETERMINED THAT EXPOSED ASBES- TOS AT J-M LANDFILL POSED A HEALTH HAZARD TO SURROUNDING POPULATION & THAT LANDFILL SHOULD BE IMMEDIATELY COVERED. IMMEDIATE REMOVAL ACTIONS WERE AUTHORIZED AT THE SITE. EPA SENT NOTICE LETTERS TO J-M, B&M, & MBTA ON 7/6/84, REQUEST- ING UNEQUIVOCAL RESPONSES WHETHER PARTIES WOULD VOLUNTARILY PERFORM REMOVAL ACTION. NONE WAS WILL'G TO PERFORM NECES- SARY WORK. EPA STARTED ACTUAL ON-SITE WORK FOR REMOVAL AC- TION ON 8/1/84, & WORK WAS COMPLETED ON 10/31/84, AT COST OF APPROX. $1.2 MIL. INSTITUTING LAW SUIT TO RECOVER COSTS OF REMOVAL ACTION IS COMPLICATED BY THE FACT THAT THE THE MOST CULPABLE OF THE POTENTIALLY RESPONSIBLE PARTIES, J-M, FILED CHAPTER 11 PETI- TION FOR BANKRUPTCY IN SOUTHERN DIST COURT OF NY IN AUG 1982 & BANKRUPTCY COURT ESTABLISHED A BAR DATE OF JAN 31, 1985, FOR FILING ALL PROOFS OF CLAIM. THE LEGAL OPTIONS FOR COST RECOVERY INCLUDE: 1. FILING A PROOF OF CLAIM AGAINST J-M IN BANKRUPTCY CRT BY JAN 31, 1985 AS CREDITOR WHOSE CLAIM AROSE PRIOR TO DATE J-M FILED FOR REORGANIZATION - 8/26/82; 2. FILING AN ACTION FOR ADMINISTRATIVE EXPENSES IN BANKRUPTCY CRT AGAINST DEBTOR IN POSSESSION; & 3. FILING A CERCLA 107 COST RECOVERY ACTION IN DIST OF MASS AGAINST J-M, B&M, &/OR MBTA. IN ADDN TO THE REMOVAL ACTION AT THE LANDFILL, THERE IS ANOTHER ENVIRONMENTAL CONCERN INVOLVING CERCLA AT THE IRON HORSE PARK. THIS MATTER INVOLVES DISPOSAL OF LIQUID WASTES BY VARIOUS OCCUPANTS OF THE PARK. A REMEDIAL INVESTIGATION & FEASIBILITY STUDY (RIFS) IS EXPECTED TO BEGIN LATE WINTER 1985 TO ADDRESS THE PROBLEM, ALTHOUGH IT IS NOT THE SUBJ OF THIS REFERRAL.

Defendants (1)

• BOSTON & MAINE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• JOHNS-MANVILLE ASBESTOS LANDFILL

  HIGH ST., BILLERICA, MA, 01862

  Registry ID: 110009262617

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• JOHNS-MANVILLE ASBESTOS LANDFILLentered 1988-11-28

  Primary law: CERCLA

Timeline (6 milestones)

• 1985-02-28Referred To Headquarters
• 1985-03-15Referred To Dept Of Justice
• 1985-08-30Complaint Filed With Court
• 1988-11-28Final Order Lodged
• 1988-11-28Final Order Entered
• 1988-11-28Concluded