EPA v. RE-SOLVE, INC.

Case summary

THIS REFERRAL AGAINST THE REMAINING NONSETTLERS FOLLOWS SEVERAL SETTLEMENTS WITH RESPONSIBLE PARTIES. THE FIRST WAS A COMPREHENSIVE JUDICIAL SETTLEMENT THAT WAS ENTERED ON MAY 31, 1989 ( U.S. VS ADAC CORP ). THE AGREEMENT PROVIDED FOR 56 PARTIES TO CONDUCT A CLEANUP ESTIMATED TO COST $30 MILLION, FOR 168 DE MINIMIS TO CASH OUT, AND FOR PARTIES TO REIMBURSE EPA A TOTAL OF $8.1 MILLION. AN ADMINISTRATIVE SETTLEMENT WITH 168 DE MINIMIS PARTIES PROVIDES FOR REIMBURSEMENT OF 43.8 MILLION, AND A COST RECOVERY SETTLEMENT UNDER SEC.122(H) OF CERCLA WITH 1 PARTY PROVIDES FOR REIMBURSEMENT OF $1.7 MILLION. THE RECOMMENDED LITIGATION STRATEGY IS TO SEEK A DECLARATORY JUDGEMENT THAT THE DEFENDANTS ARE LIABLE UNDER SECTION 107A OF CERCLA FOR COSTS AT THE SITE AS COSTS ARE INCURRED IN THE FUTURE. RE-SOLVE, INC. OPERATED AS A WASTE CHEMICAL RECLAMATION FACILITY FROM 1956 UNTIL ITS CLOSURE IN 1980. A VARIETY OF HAZARDOUS MATERIALS WERE HANDLED AT THE SITE, INCLUDING PCBS SOLVENTS, OILS, ACIDS AND ALKALIES. THE POTENTIAL DEFENDANTS RECOMMENDED BY THE REGION INCLUDES 23 GENERATOR PARTIES WHO HAVE REFUSED EARLIER SETTLEMENT OPPORTUNITIES.

Defendants (20)

• C.M. LABORATORIES INC.Named in complaintNamed in settlement
• CIRCUIT WISE MULTILAYER PRODUCTS GROUPNamed in complaintNamed in settlement
• CIRCUITS INC.Named in complaintNamed in settlement
• CORNELL-DUBILIER ELECTRONICS COMPANYNamed in complaintNamed in settlement
• DANVERS MOTOR COMPANY, INC.Named in complaintNamed in settlement
• DESOTO SOFT ENAMELINGNamed in complaintNamed in settlement
• DYTE CHEMICAL COMPANYNamed in complaintNamed in settlement
• FEDERAL PACIFIC ELECTRIC COMPANYNamed in complaintNamed in settlement
• HOLYOKE CARD AND PAPER COMPANYNamed in complaintNamed in settlement
• JACKSON, WILLIAM F.Named in complaintNamed in settlement
• NYCO, INC.Named in complaintNamed in settlement
• PLYMOUTH RUBBER COMPANY INC.Named in complaintNamed in settlement
• RAYBETH TOOL & DIE CO., INC.Named in complaintNamed in settlement
• RE-SOLVE, INC.Named in complaintNamed in settlement
• RUSSELECTRIC, INC.Named in complaintNamed in settlement
• SAGAMORE INDUSTRIAL FINISH CORP.Named in complaintNamed in settlement
• UNION INDUSTRIES, INC.Named in complaintNamed in settlement
• UNIVERSAL PRODUCTS, INC.Named in complaintNamed in settlement
• VULCAN CORPORATION/AMESBURY PLASTICSNamed in complaintNamed in settlement
• WATERLAC INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• RESOLVE INC

  N HIXVILLE RD, DARTMOUTH, MA, 02747

  Registry ID: 110024365710

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• RESOLVE INCentered 1992-10-27

  Primary law: CERCLA

• RESOLVE INCentered 1992-12-08

  Primary law: CERCLA

• RE-SOLVE INCentered 2003-07-31

  Primary law: CERCLA

• RESOLVE INCentered 1995-08-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-03-01Complaint Filed With Court
• 2003-03-10Final Order Lodged
• 2003-07-31Final Order Entered
• 2003-07-31Concluded