EPA v. DEUTSCHMANN, SR., TOBE

Case summary

THE NORWOOD PCB SUPERFUND SITE IS APPROX. 25 ACRE COMMERCIAL/INDUSTRIAL SITE LOCATED ON US RT1 IN NORWOOD,MA. IN 1983, IN RESPONSE TO A CITIZENS COMPLAINT, THE MASS. DEPT OF ENVIRONMENTAL PROTECTION DISCOVERED PCB CONTAMINATION IN THE SOILS ON THE SITE. IN JUNE 1983, EPA CONDUCTED AN EMERGENCY REMOVAL DURING WHICH 518 TONS OF PCB CONTAMINATED SOILS WERE EXCAVATED AND DISPOSED OF AT AN OFF SITE FACILITY BETWEEN DEC. 1985 AND JAN. 1986, DEP PERFORMED AN INTERIM REMEDIAL ACTION BY COVERING THE AREAS OF CONTAMINATED SOILS AND INSTALLING FENCES AROUND THE PORTIONS OF THE SITE. IN AUG. 1989, EPA COMPLETED A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY(RI/FS) OF THE SITE: ON SEPT. 29, 1989, THE REGIONAL ADMINISTRATOR ISSUED A RECORD OF DECISION(ROD) WHICH SELECTED A $16.1 MILLION REMEDY FOR THE SITE THAT WILL TREAT SOILS, SEDIMENTS AND GROUND WATER. ON MAR. 21,1990, THE REGION ISSUED SPECIAL NOTICE TO SEVERAL PRP'S INCLUDING GRANT GEAR. ON JULY 2, 1990, THE REGION ENDED THE SPECIAL NOTICE PERIOD BECAUSE THE PRP'S FAILED TO PRESENT A GOOD FAITH OFFER. ON AUG. 8, 1990, THE REGION ISSUED A UNILATERAL ADMINISTRATIVE ORDER PURSUANT TO CERCLA SECTION 106, WHICH BECAME EFFECTIVE ON AUG. 17,1990. GRANT GEAR WAS NOT NAMED AS A RESPONDENT IN THE ORDER. THE RESPONDENTS NAMED IN THE ORDER HAVE BEEN OUT OF COMPLIANCE W/ THE ORDER SINCE SEPT. 4,1990. GRANT GEAR HAS ASSERTED ITS STATUS AS AN INNOCENT LANDOWNER SINCE 1983, HOWEVER, THE AGENCY DETERMINED THAT IT WAS NOT ELIGIBLE FOR AN INNOCENT LANDOWNER DEFENSE BASED ON IT'S ACTIVITIES AT THE SITE. EPA DID NOT SETTLE W/ GRANT GEAR BECAUSE IT REFUSED TO DOCUMENT IT'S ABILITY TO PAY PROBLEMS. IN MARCH 1987, GRANT GEAR RENEWED IT'S REQUEST FOR A SETTLEMENT AND EPA AND GRANT GEAR BEGAN NEGOTIATIOS TOWARD A DE MINIMIS SETTLEMENT, WHICH WAS SIGNED BY GRANT GEAR ON MARCH 30, 1987, BUT WAS NOT APPROVED BY THE OFFICE OF ENFORCEMENT, THE OFFICE OF WASTE PROGRAMS ENFORCEMENT, DOJ AND THE REGION. SINCE MAY 1990 GRANT GEAR HAS REASSERTED AND DOCUMENTED IT CLAIM THAT FINANCIAL HARDSHIP PRECLUDES PAYMENT OF SIGNIFICANT AMOUNTS IN SETTLEMENT OF ITS CERCLA INABILITIES. EPA HAS CONFIRMED GRANT GEARS CLAIM OF FINANCIAL HARDSHIP. ACCORDINGLY, EPA AND GRANT GEAR HAVE AGREED TO THE TERMS OF A CONSENT DECREE PURSUANT TO CERCLA SEC. 122 (4)(6) BASED ON GRANT GEARS ABILITY TO PAY AND OTHER FACTORS DISCUSSED IN THE CONSENT DECREE.

Defendants (13)

• COOPER INDUSTRIESNamed in complaint
• CORNELL-DUBILIER ELECTRONICS, INC.Named in complaint
• DEUTSCHMANN, SR., TOBENamed in complaint
• FEDERAL PACIFIC ELECTRIC CO.Named in complaint
• FRIEDLAND BROTHERS ENTERPRISES
• FRIEDLAND, HAROLDNamed in complaint
• FRIEDLAND, JACKNamed in complaint
• FRIEDLAND, LEONARDNamed in complaint
• GRANT GEAR REALTY TRUSTNamed in complaint
• GRANT GEAR WORKS, INC.Named in complaint
• NORWOOD, TOWN OFNamed in complaint
• REARDON, JACKNamed in complaint
• REARDON, PAULNamed in complaint

Facilities (1)

• NORWOOD PCB SUPERFUND SITE

  921 PROVIDENCE HIGHWAY, NORWOOD, MA, 02062

  Registry ID: 110006362006

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (5 milestones)

• 1989-12-01Enforcement Action Data Entered
• 1989-12-11PRN Sent
• 1991-08-05Referred To Dept Of Justice
• 1991-12-27Complaint Filed With Court
• 1992-07-22Concluded