EPA v. CANNONS(I) ENGINEERING CORP

Case summary

THIS CASE INVOLVES 4 NPL SITES: THE CANNONS BRIDGEWATER SITE IN BRIDGWATER, MA, CANNONS PLYMOUTH SITE IN PLYMOUTH,MA THE GILSON RD SITE IN NASHUA, NH, & THE TINKHAM'S GARAGE SITE IN LONDONDERRY, NH. THIS IS AN ACTION UNDER SECT 107 OF CERCLA TO RECOVER PAST COSTS AND TO ESTABLISH LIABILITY AS TO FUTURE COSTS TO BE INCURRED UNDER SECT 104. EPA SEEKS TO RECOVER THE APPR. $16,000,000 IT HAS INCURRED IN RESPONSE COSTS TO DATE; IT ALSO SEEKS TO ESTABLISH LI- ABILITY FOR ANY FUTURE RESPONSE COSTS THAT EPA INCURS AT THE 4 SITES. THE CURRENT ESTIMATE FOR TOTAL PAST AND FUTURE RE- SPONSE COSTS AT THE 4 SITES IS $47,800,000. 2 SIGNIFICANT LEGAL ISSUES ARE PRESENT IN THIS CASE: 1. LI- ABILITY FOR THE REMOTE SITES IS ASSERTED AGAINST THE BRIDGE- WATER GENERATORS LIABLE EVEN THOUGH THEY DID NOT SELECT THESE SITES AS THEIR DISPOSAL LOCATION; AND 2. THIS CASE SEEKS TO ESTABLISH THAT GENERATORS WHO SENT THEIR WASTE TO A CENTRAL SITE, WHERE IT WAS COMMINGLED W/OTHER GENERATORS' WASTE AND THEN SENT TO VARIOUS REMOTE SITES, ARE LIABLE FOR THE REMOTE SITES EVEN IF EPA CANNOT PROVE, DUE TO THE COM- MINGLING, THAT A PARTICULAR GENERATOR'S WASTE WAS SENT TO A GIVEN REMOTE SITE. ALTHOUGH THE LIT REPORT ONLY PROPOSES NAMING APPROX. 40 CORE DEFENDANTS, THE AGENCY HAS IDENTIFIED CLOSE TO 600 PO- TENTIALLY RESPONSIBLE PARTIES (PRPS). THE CASE STAFF IS CUR- RENTLY PREPARING AN INNOVATIVE DE MINIMIS SETTLEMENT PRO- POSAL IN AN ATTEMPT TO SETTLE OUT A LARGE MAJORITY OF THESE PRPS. ON AUGUST 3, 1988, FOLLOWING SETTLEMENT NEGOTIATIONS, THE UNITED STATES FILED A COMPLAINT IN THIS CASE AND LODGED WITH THE COURT TWO CONSENT DECEEES. (THE CANNONS I CASE REFERS TO OUR CLAIM SEEKING ENTRY BY THE COURT OF THESE TWO CONSENT DECREES).

Defendants (2)

• CANNONS ENGINEERING CORPNamed in complaintNamed in settlement
• CANNONS ENG. CORP - 2Named in complaintNamed in settlement

Facilities (5)

• SYLVESTER

  GILSON RD, NASHUA, NH, 03062

  Registry ID: 110009259382

• PLYMOUTH HARBOR/CANNON ENGINEERING CORP.

  CORDAGE PARK, PLYMOUTH, MA, 02360

  Registry ID: 110009349071

• TINKHAM GARAGE

  RTE 102, LONDONDERRY, NH, 03053

  Registry ID: 110009341097

• GILSON ROAD SITE

  GILSON RD, NASHUA, NH, 03062

  Registry ID: 110009259382

• CANNONS ENGINEERING CORP

  FIRST ST, BRIDGEWATER, MA, 02324

  Registry ID: 110008406536

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• CANNONS ENGINEERING CORP (I)entered 1989-08-14

  Primary law: CERCLA

• CANNONS ENGINEERING CORP I(#2)entered 1989-08-14

  Primary law: CERCLA

Timeline (9 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-04Referred To Dept Of Justice
• 1987-04-01Returned To Region
• 1988-07-22Rereferred
• 1988-08-03Complaint Filed With Court
• 1989-08-14Final Order Lodged
• 1989-08-14Final Order Entered
• 1990-03-20Concluded
• 1991-06-24Enforcement Action Closed