EPA v. WINDSOR-EMBASSY CORPORATION

Case summary

THIS REFERRAL PROPOSES FILING A COST RECOVERY ACTION UNDER CERCLA SECTION 107 FOR PAST AND FUTURE RESPONSE COSTS PLUS INTEREST AT THE FLETHCHER'S PAINT WORKS AND STORAGE FACILITY SITE IN MILFORD, NEW HAMPSHIRE ( THE SITE ). PROPOSED DEFENDANTS ARE THE WINDSOR-EMBASSY CORPORATION, LIABLE UNDER CERCLA SECTION 107(A)- 1) AND (2) AS THE PRESENT OWNER/OPERATOR AT THE TIME OF DISPOSAL, AND THE ESTATE OF FREDERIC H. FLETCHER, LIABLE UNDER CERCLA SECTION 107(A)- 2) AS AN INDIVDUAL OPERATOR AT THE TIME OF DISPOSAL. AS OF APRIL 18, 1990, DOCUMENTED COSTS SHOW EPA EXPENDITURES OF $1,082,121.29, EXCLUDING INTEREST AT THE SITE. THE COSTS WERE INCURRED IN CONJUNCTION WITH A PRELIMINARY ASSESSMENT AND EXTENDED SITE INVESTIGATION FROM 1985 TO 1989, A 1988 REMOVAL ACTION, A PRP TITLE SEARCH AND FINANCIAL REPORT IN 1989 AND OTHER RELATED ENFORCEMENT AND RESPONSE ACTIVITIES. IF THIS ACTION IS NOT FILED BY OCTOBER 7, 1991, THE UNITED STATES RISKS HAVING RECOVERY OF THE REMOVAL COSTS BARRED BY A STATUTE OF LIMITIATIONS. THE SITE IS LOCATED IN HILLSBOROUGH COUNTY, IN MILFORD, NEW HAMPSHIRE, AN AREA MOSTLY CHARACTERIZED BY RESIDENTIAL AND COMMERCIAL USE. FREDERIC FLETCHER, OWNER AND PRESIDENT OF FLETCHER CORPORATION, OPENED FLETCHER'S PAINT WORKS (THE PAINT WORKS ) AT 21 ELM STREET, MILFORD, IN 1950, AS MANUFACTURER AND RETAIL DISTRIBUTOR OF PAINTS AND STAINS FOR RESIDENTIAL USES. THESE ACTIVITIES HAVE CONTINUED AT THE FACILITY TO THE PRESENT. A STORAGE FACILITY ALSO OPERATED BY FLETCHER (THE STORAGE FACILITY ) IS LOCATED ON MILL STREET, APPROXIMATELY 700 FEET TO THE SOUTH OF THE PAINT WORKS, AND HAS BEEN USED AS A WAREHOUSE FOR BULK PAINT PIGMENTS FOR OVER TWENTY-FIVE (25) YEARS. FREDERIC FLETCHER INCORPORATED THE FLETHCER CORPORATION IN 1949, AFTER PURCHASING THE FIRST PLOT OF THE PAINT WORKS PROPERTY. HE DEEDED THIS LAND TO FLETCHER CORPORATION IN 1950 IN EXCHANGE FOR STOCK IN THE CORPORATION. IN 1982, FLETCHER CORPORATION MERGED INTO WINDSOR-EMBASSY CORPORATION, ANOTHER CORPORATION OWNED AND DIRECTED BY FREDERIC FLETCHER. FLETCHER'S PAINT WORKS HAS BEEN RUN AS A DIVISION OF THE WINDSOR-EMBASSY CORPORATION SINCE THAT TIME. IN 1983, FREDERIC FLETCHER DIED, LEAVING HIS WIFE, MARY B. FLETCHER, HIS ESTATE VALUED AT OVER $1.2 MILLION. MARY FLETCHER HAS SINCE HAD CONTROL OF THE WINDSOR-EMBASSY CORPORATION AND ITS ACTIVITIES AND OPERATIONS. PRIOR TO EPA'S INVOLVEMENT, GOVERNMENT/ENFORCEMENT ACTIVITIES AT THE SITE INCLUDED COMPLAINTS BY THE MILFORD CONSERVATION COMMISSION, A STATE INSPECTION AND PUMP TEST OF THE ADJACENT MUNICIPAL WELL (KEYES WELL), WHICH WAS CLOSED IN 1984 DUE TO VOLATILE ORGANIC COMPOUND (VOC) CONTAMINATION. EPA PERFORMED A PRELIMINARY ASSESSMENT IN 1985 AND AN EXTENDED SITE INVESTIGATION FROM 1986 TO 1989. THE SITE INVESTIGATION FOUND CONTAMINATION OF THE SOILS, SUBSURFACE AND SEDIMENTS BY VOLATILE ORGANIC COMPOUNDS (VOCS), SEMI-VOLATILE ORGANICS (BNAS), INORGANICS (METALS), POLYAROMATIC HYDROCARBONS (PAHS) AND POLYCHLORINATED BIPHENYLS (PCBS). THE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST ON JUNE 24, 1988. IN 1988, EPA'S ENVIRONMENTAL SERVICES DIVISION (ESD) REMOVAL 861 DRUMS FROM FLETCHER'S PAINT WORKS FACILITY. ANALYSIS OF THESE DRUMS EXHIBITED THE PRESENCE OF METHYLENE CHLORIDE, ETHYLBENZENE, XYLENE (TOTAL) AND TOLUENE. TWO DRUMS OF CONTAMINATED SOILS WERE ALSO COLLECTED AND REMOVED. SURFACE AND SUBSURFACE SOIL SAMPLING IDENTIFIED THE DISTRIBUTION OF PCBS ON THE SITE. EPA ALSO REMOVED TWELVE (12) UNOPENED BAGS CONTAINING ASBESTOS FROM THE STORAGE FACILITY. STABILIZATION OF THE CONTAMINATED AREAS AT THE MANUFACTURING AND STORAGE FACILITIES WAS ACHIEVED BY APPLYING EIGHT INCHES OF CLEAN FILL OVER A PERMEABLE PLASTIC LINER

Defendants (2)

• FLETCHER, FREDERIC H., THE ESTATE OFNamed in complaint
• WINDSOR-EMBASSY CORPORATIONNamed in complaint

Facilities (1)

• FLETCHERS PAINT STORAGE FACILITY

  MILL STREET, MILFORD, NH, 03055

  Registry ID: 110009259417

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (5 milestones)

• 1990-03-15Enforcement Action Data Entered
• 1990-09-28Referred To Dept Of Justice
• 1991-08-07Returned To Region
• 1991-09-14Rereferred
• 1991-10-07Complaint Filed With Court