EPA v. CHARLES GEORGE TRUCKING COMPANY, ET AL.

Case summary

THE PRESENT ACTION AGAINST AN OWNER/OPERATOR, A NUMBER OF GENERATORS AND A TRANSPORTER SEEKS TO RECOVER ALL COSTS INCURRED AND TO BE INCURRED AT THE CHARLES GEORGE LAND RECLAMATION TRUST, LOCATED IN TYNGSBOROUGH, MASSACHUSETTS. THE SITE IS A PRIVATELY OWNED 70 ACRE LANDFIL WHICH WAS OPERATED BY ITS PRESENT OWNERS FROM 1969 TO 1983 WHEN IT WAS ABANDONED. MUNICIPALITIES AND INDUSTRIES DISPOSED OF THEIR SOLID AS WELL AS HAZARDOUS WASTE AND/OR SUBSTANCES AT THE SITE DURING THE ABOVE-MENTIONED PERIOD OF TIME. EPA HAS UNDERTAKEN VARIOUS REMOVALS, RI/FSS AND REMEDIAL ACTIONS AT THE SITE. IN SEPTEMBER 1983, EPA BEGAN EMERGENCY ACTIONS AT THE SITE WHICH INCLUDED THE CONSTRUCTION OF A TEMPORARY WATER LINE, APPLICATION OF COVER MATERIAL TO SOME EXPOSED REFUSE; CONSTRUCTION OF A FENCE; AND TECHNICAL ASISTANCE FROM A CONTRACTOR FOR CERTAIN EMERGENCY MEASURES, INCLUDING A SITE SAFETY PLAN AND AN AIR MONITORING PROGRAM. SINCE 1980, EPA HAS PERFORMED VARIOUS RI/FSS. THESE ARE: A PRELIMINARY SITE ASSESSMENT; FIELD INVESTIGATIONS OF UNCONTROLLED HAZARDOUS WASTE SITES; WATER SUPPLY ALTERN- ATIVES; REMEDIAL ACTION MASTER PLAN; SOURCE ORIENTED FEASIBILITY STUDY; FEASIBILITY STUDY ON TREATMENT OF LEACHATE; WETLANDS ASSESSMENT; PRELIMINARY REMEDIAL INVESTIGATION REPORT; ENDANGERMENT ASSESSMENT; REMEDIAL INVESTIGATION REPORT; FEASIBILITY STUDY REPORT. FINALLY, EPA HAS ALSO SELECTED SEVERAL REMEDIAL ACTIONS FOR THE SITE. THE FIRST ROD SELECTED A NEW PERMANENT WATERLINE WHICH WAS ACTIVITATED ON OCTOBER 12, 1988. ONLY FINAL ITEMS REMAIN TO BE COMPLETED. THE SECOND ROD SELECTED A FULL SYNTHETIC LANDFILL CAP, FOR WHICH PREPARATION BEGAN IN THE FALL OF 1988. THE CAP IS SCHEDULED TO BE INSTALLED DURING 1989, AND THE ENTIRE PROJECT SHOULD BE COMPLETED BY THE FALL OF 1990. THE THIRD ROD SELECTED AN ACTION INVOLVING ON-SITE INCINERATION OF LANDFILL GAS EMISSIONS, AS WELL AS SOLIDIFICATION AND ON-SITE DISPOSAL OF CONTAMINATED SEDIMENTS IN A NEARBY BROOK. 132 NOTICE LETTERS HAVE GONE OUT IN THE PAST FOUR YEARS. WE ARE PRESENTLY NEGOTIATING WITH A GROUP OF 25 OF THE GENERATOR PRPS.

Defendants (35)

• COURIER CITIZEN COMPANYNamed in complaint
• DENNISONNamed in complaint
• DIXON ERNEST , JR.Named in complaint
• DYMEC, INC.Named in complaint
• E.M. REALTY, INC
• ECKEL INDUSTRIES,INC.Named in complaint
• FEDERAL METAL FINISHINGNamed in complaint
• GENERAL ELECTRICNamed in complaint
• GEORGE, CHARLES JR.Named in complaint
• GEORGE, CHARLES SR.Named in complaint
• GEORGE, DOROTHYNamed in complaint
• GEORGE, JAMESNamed in complaint
• GILLETTE COMPANYNamed in complaint
• HUSSEY PLASTICS COMPANY,INC.Named in complaint
• JENIKE & JOHANSON, INC.Named in complaint
• KARRAS, KARENNamed in complaint
• LACERATE, DOROTHY G.Named in complaint
• LAM, INC.Named in complaint
• MILLIPORE CORPORATIONNamed in complaint
• NATIONAL ALUMINUM CORPORATION (NAC)Named in complaint
• NATIONAL POLYCHEMICALS
• POLARIOD CORPORATIONNamed in complaint
• PPG INDUSTRIES, INCNamed in complaint
• AMSTAR SUGAR CORPORATIONNamed in complaint
• ANALOG DEVICES, INCNamed in complaint
• …and 10 more

Facilities (2)

• CHARLES GEORGE REC TRUST

  70 CUMMINGS RD, TYNGSBORO, MA, 01879

  Registry ID: 110010639791

• GEORGE CHARLES TRUCKING CO INC

  DUNSTABLE RD, TYNGSBORO, MA, 01879

  Registry ID: 110024304028

Statutes cited

• CERCLA 107A — Cost Recovery
• RCRA 3008G — Penalty Authority
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (9 milestones)

• 1981-01-01Enforcement Action Data Entered
• 1984-12-31Referred To Headquarters
• 1985-01-31Referred To Dept Of Justice
• 1985-01-31Referred TO U.S. Attorney
• 1985-06-13Complaint Filed With Court
• 1989-07-07Final Order Lodged
• 1989-07-07Final Order Entered
• 1989-07-07Concluded
• 1989-07-07Enforcement Action Closed