EPA v. OLD SPRINGFIELD LANDFILL SITE

Case summary

THE OLD SPRINGFIELD LANDFILL WAS USED BY THE TOWN OF SPRINGFIELD FOR THE DISPOSAL OF HAZARDOUS AND MUNICIPAL WASTES BETWEEN 1947 AND 1968. HAZARDOUS MATERIALS WERE DISPOSED OF IN BULK LIQUID OR SEMI-LIQUID FORM AND WERE CO-DISPOSED WITH MUNICIPAL AND INDUSTRIAL SOLID WASTE. AFTER THE MID-1960'S, HAZARDOUS LIQUID WASTE WAS DISPOSED OF IN SEPERATE TRENCHES AND PITS. MUCH OF THE HAZARDOUS MATERIAL ORIGINIATED FROM THE LOCAL MACHINE TOOL AND PLATING INDUSTRIES. THE TOWN OF SPRINGFIELD CEASED OPERATIONS AT THE SITE IN 1968 FOLLOWING THE PURCHASE OF THE PROPERTY BY ITS PRESENT OWNER. THE STATE OF VERMONT BEGAN INVESTIGATING CONTAMINATION AT THE SITE IN THE EARLY 1970'S AFTER NEARBY RESIDENTIAL DRINKING WATER WELLS WERE FOUND TO BE CONTAMINATED. IN 1982, THE STATE ASKED EPA TO REVIEW THE SITE FOR INCLUSION ON THE NPL. EPA HAS UNDERTAKEN SUBSTANTIAL INVESTIGATION OF THE SITE AND HAS IDENTIFIED THREE (3) MAJOR WASTE DISPOSAL AREAS. THESE ARE AREAS WHERE DRILLING IDENTIFIED BURIED WASTE. ANALYSIS OF SOIL AND WASTE SAMPLES REVEALED HIGH LEVELS OF ORGANIC CHEMICAL CONTAMINATION. PAHS, CAHS, PCBS, MAHS ARE THE CLASSES OF COMPOUNDS FOUND AT THE SITE. GROUNDWATER CONTAMINATION AT THE SITE CONSISTS PRIMARILY OF TCE, PCE, TCA, VINYL CHLORIDE, TOULENE AND XYLENES. ON JANUARY 6, 1984, APRIL 17, 1987 AND MAY 14, 1987, EPA NOTIFIED APPROXIMATELY NINE PARTIES OF THEIR POTENTIAL LIABILITY WITH RESPECT TO THE SITE. IN JANUARY 1984, EPA HAD DISCUSSIONS WITH EMHART INDUSTRIES, TEXTRON INC, TOWN OF SPRINGFIELD AND OTHER PRP'S ABOUT INSTALLING A WATER LINE TO TWO PRIVATE HOMES AND CONDUCTING A REMEDIAL INVESTIGATIONS AND FEASIBILITY STUDY (RI/FS) AT THE SITE. EMHART, TEXTRON AND TOWN OF SPRINGFIELD REACHED AN AGREEMENT WITH EPA ON THE INSTALLATION OF THE WATER LINE ONLY. EPA THEN USED SUPERFUND MONIES TO CONDUCT THE RI/FS WHICH FORMED THE BASIS FOR THE FIRST OPERABLE UNIT ROD. EPA MET WITH A COMMITTEE OF PRPS SEVERAL TIMES IN 1987 AND 1988. IN JUNE 1988, EPA ISSUED A PROPOSED PLAN FOR REMEDIAL ACTIVITIES AT THE SITE. AS A RESULT OF COMMENTS SUBMITTED DURING THE PUBLIC COMMENT PERIOD ON THAT PROPOSED PLAN, EPA DECIDED TO SEPERATE THE REMEDIAL ACTION INTO TWO OPERABLE UNITS. ON SEPTEMBER 22, 1988, EPA SIGNED A ROD FOR THE FIRST OPERABLE UNIT WHICH INVOLVED THE MANAGEMENT OF MIGRATION SEEPS AND GROUNDWATER FROM THE SITE. THE 1988 ROD ALSO REQUIRED ADDITIONAL SOURCE CONTROL STUDIES TO BE DONE. IN MARCH 1989, EPA ENTERED INTO AN ADMINISTRATIVE ORDER BY CONSENT (AO), WITH TWO PRPS AT THE SITE, EMHART AND TEXTRON. UNDER THE AO, THE PRPS AGREED TO PERFORM THE ADDITIONAL STUDIES CALLED FOR IN THE 1988 ROD AND TO PREPARE A FOCUS FEASIBILTY STUDY (FFS) REPORT BASED UPON THE RESULTS OF THOSE STUDIES. THE FIRST DRAFT FFS WAS SUBMITTED IN APRIL 1990. THE FFS REPORT WAS DISAPPROVED AND RESUBMITTAL WAS REQUIRED. A SECOND DRAFT WAS SUBMITTED IN JUNE 1990. EPA HAS NOT ACTED YET TO EITHER APPROVE OR DISAPPROVE THE REVISED FFS. IN MAY 1989, EPA SENT SPECIAL NOTICE LETTERS TO FOURTEEN PRPSS ANNOUNCING THE BEGINNING OF THE SIXTY DAY NEGOTIATION PERIOD CONCERNING THE IMPLEMENTATION OF THE FIRST OPERABLE UNIT REMEDY AS DECSRIBED IN THE 1988 ROD. THESE NEGOTIATIONS RESULTED IN A PARTIAL CONSENT DECREE BETWEEN THE UNITED STATES, THE STATE OF VERMONT AND FOUR SETTLING PARTIES. THE FOUR SETTLING PARTIES ARE EMHART, TEXTRON, BROWN FERRIS INDUSTRIES OF VERMONT AND TOWN OF SPRINGFIELD. THE PARTIAL CONSENT DECREE REQUIRED THESE PARTIES TO REIMBURSE EPA FOR PAST COSTS AND TO IMPLEMENT THE MANAGEMENT OF MIGRATION REMEDY UNDER EPA OVERSIGHT, INCLUDING REIMBURSEMENT FOR SUCH OVERSIGHT. IN JULY 1990, EPA ISSUED THE PROPOS

Defendants (14)

• TEXTRON, INC.Named in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES, INC.Named in complaintNamed in settlement
• BRYANT COMPUTERNamed in complaintNamed in settlement
• BRYANT GRINDER CORPORATIONNamed in complaintNamed in settlement
• CURTIN, JOHN
• EMHART CORPORATIONNamed in complaintNamed in settlement
• FELLOWS GEAR SHAPERNamed in complaintNamed in settlement
• JONES AND LAMSONNamed in complaintNamed in settlement
• LOVEJOY TOOL COMPANY
• MILLAY, HAROLD
• SHEPHARD, HARRYNamed in complaintNamed in settlement
• SPRINGFIELD, TOWN OFNamed in complaintNamed in settlement
• VERMONT RESEARCH
• WATKINS, EMMA

Facilities (1)

• OLD SPRINGFIELD LANDFILL

  WILL DEAN RD, SPRINGFIELD, VT, 05156

  Registry ID: 110009316542

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• OLD SPRINGFIELDentered 1992-06-08

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-11-08Enforcement Action Data Entered
• 1990-11-08PRN Sent
• 1991-06-28Referred To Dept Of Justice
• 1991-11-25Complaint Filed With Court
• 1992-06-08Concluded
• 1992-06-08Final Order Lodged
• 1992-06-08Final Order Entered