EPA v. CLEAN HARBORS OF NATICK, INC.

Case summary

THIS IS PROPOSED ACTION AGAINST CLEAN HARBORS OF NATICK, INC., ET AL., TO RECOVER PST COSTS UNDER SECTION 107 OF CERCLA, TO ESTABLISH LIABILITY AS TO FUTURE COSTS TO BE INCURRED UNDER SECTION 104, AND TO GAIN ACCESS TO THE SITE PURSUANT TO SECTION 104 IN ORDER TO TAKE APPROPRIATE RESPONSE ACTIONS. THIS CASE INVOLVES THE KEEFE ENVIRONMENTAL SERVICES SITE IN EPPING, NEW HAMPSHIRE, WHICH WAS LISTED ON THE NPL IN 1981. THE SITE IS AN ABANDONED HAZARDOUS WASTE DISPOSAL FACILITY WHICH OPERATED FOR TWO AND A HALF YEARS, BETWEEN 1978 AND 1981. WHEN THE FACILITY WAS SHUT DOWN IN 1981, THOUSANDS OF DETERIORATING SURFACE CONTAINERS OF WASTE, AS WELL AS A LARGE WASTE-FILLED LAGOON WHICH THREATENED TO OVERFLOW DURING PERIODS OF HEAVY PRECIPITATION, REMAINED ON SITE. DURING THE REMOVAL ACTIONS AND REMEDIAL INVESTIGATION THAT ENSUED, AN ASSORTMENT OF HAZARDOUS SUBSTANCES WERE IDENTIFIED IN THE SOIL AND GROUNDWATER AT THE SITE. MOST OF THE RESPONSIBLE PARTIES ARE FORMER CUSTOMERS OF KEEFE ENVIRONMENTAL SERVICES, INC. (KES), WHO WERE IDENTIFIED ON THE BASIS OF KES' BUSINESS RECORDS. AN EARLIER SETTLEMENT RELATIVE TO THIS SITE IS EMOBODIED IN A MARCH 1986 CONSENT DECRFEE WHICH WAS EXECUTED BY 129 PRPS. PURSUANT TO THAT DECREE, THE GOVERNMENT RETAINED ITS RIGHT TO GO BACK TO THE SETTLORS FOR ANY SHORTFALL IT IS UNABLE TO RECOVER FROM THE NONSETTLORS, PROVIDED THE GOVERNMENT FIRST PURSUE THE NONSETTLORS TO JUDGMENT. THE ACTION HERE PROPOSED IS INTENDED TO PRESERVE THE GOVERNMENTS RIGHTS UNDER THE EARLIER SETTLEMENT. THE MAJORITY OF THE PROPOSED DEFENDANTS FIRST RECEIVED NOTICE LETTERS IN 1982-1983. THE REMEDIAL DESIGN IS CURRENTLY NEARING COMPLETION AND THE REMEDIAL ACTION CONTRACT IS EXPECTED TO BE PUT OUT FOR BID IN THE LATE SUMMER.

Defendants (13)

• BARKER CUSTOM MFG., INC.
• BAYHEAD PRODUCTS CORPORATION
• CLEAN HARBORS OF NATICK, INC.Named in complaintNamed in settlement
• ETHAN ALLEN, INC.
• EXETER MACHINE PRODUCTS, INC.
• LEWIS CHEMICAL COMPANY
• LIQUID WASTE SPECIALISTS, INC.
• MILLERS FORGE, INC.
• NORWOOD SAM FOWLER
• RORER PHARMACEUTICAL CORPORATION
• UNITED ORGANICS CORPORATION
• UNIVEX CORPORATION
• WOLVERINE CORPORATION

Facilities (1)

• KEEFE ENVIRONMENTAL SERVICES INC

  258 EXETER RD, EPPING, NH, 03042

  Registry ID: 110007684283

Statutes cited

• CERCLA 104E3 — Entry Access
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CLEAN HARBORS OF NATICKentered 1992-12-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1981-01-01Enforcement Action Data Entered
• 1989-02-15Referred To Dept Of Justice
• 1992-10-07Complaint Filed With Court
• 1992-12-02Final Order Lodged
• 1992-12-02Final Order Entered
• 1992-12-02Concluded
• 1992-12-02Enforcement Action Closed