EPA v. FORD MOTOR COMPANY

Case summary

THE SUBJECT REFERRAL RECOMMENDS THE FILING OF A COST RECOVERY ACTION AGAINST FORD MOTOR COMPANY TO REIMBURSE THE U.S. FOR RESPONSE COSTS PLUS INTEREST TOTALING $3,231,272.08 ASSOCIATED WITH A REMOVAL ACTION UNDERTAKEN AT THE TIBBETTS ROAD SUPERFUND SITE IN BARRINGTON, NEW HAMPSHIRE. THIS ACTION WILL ALSO SEEK A DECLARATORY JUDGEMENT AS TO FORD'S LIABILITY AT THIS SITE FOR ANY FUTURE RESPONSE COSTS. THE SITE CONTAINS A SINGLE FAMILY DWELLING AND IS LOCATED ON A PARTIALLY WOODED 1.91 ACRE LOT ON TIBBETTS ROAD IN BARRINGTON N.H. IT WAS PURCHASED AS PART OF A LARGER PARCEL BY ALEXANDER AND MARION JOHNSON ON JANUARY 27, 1944. THEREAFTER, MR. JOHNSON USED THE PROPERTY AS THE STORAGE LOCATION FOR AT LEAST THIRTY-SEVEN (37) DRUMS CONTAINING VARIOUS CHEMICALS WHICH HE TRANSPORTED FROM HIS PLACE OF EMPLOYMENT, THE FORD MOTOR COMPANY'S SOMERVILLE, MASSACHUSETTS FACILITY. THE DRUMS WERE FIRST DISCOVERED BY THE STATE OF NEW HAMPSHIRE IN MAY 1982. HIGH CONCENTRATIONS OF VOLATILE ORGANIC COMPOUNDS (VOCS) WERE THEN FOUND IN LOCAL DRINKING WATER SUPPLIES. IN AUGUST, 1982, THE STATE ISSUED AN ORDER TO MR. JOHNSON REQUIRING THE REMOVAL OF ALL HAZARDOUS SUBSTANCES FROM HIS PROPERTY. IN MARCH, 1984, A STATE INSPECTION REVEALED THAT MANY OF THE DRUMS HAD BEEN OVERTURNED AND WERE LEAKING. NEW HAMPSHIRE THEN FORMALLY REQUESTED EPA TO UNDERTAKE EMERGENCY ACTIONS TO SECURE THE SITE. THE REMOVAL ACTIVITY AT THE SITE PROGRESSED IN THREE PHASES. PHASE I ENCOMPASSED THE REMOVAL OF THE DRUMS, AND OCCURRED FROM APRIL TO MAY, 1984. PHASE II WAS SOIL INVESTIGATION, REMOVAL AND INCINERATION. THIS COMMENCED IN JUNE, 1985 AND WAS COMPLETED IN NOVEMBER, 1986. PHASE III CONSISTED OF PROVIDING AN ALTERNATE WATER SUPPLY TO RESIDENTS LIVING NEAR THE SITE. THIS PHASE OF THE WORK BEGAN IN OCTOBER, 1985, WAS COMPLETED IN DECEMBER 1987. PROBLEMS WITH THE INSTALLED WATER SYSTEM REQUIRED SPORADIC ATTENTION UNTIL APRIL, 1990. GROUNDWATER AT THE SITE REMAINS HIGHLY CONTAMINATED. REMEDIAL EFFORTS TO RESTORE GROUNDWATER QUALITY ARE CURRENTLY UNDERWAY. AN RI/FS SHOULD BE FINISHED BY SEPTEMBER, 1991. A ROD IS SCHEDULED FOR MARCH, 1992. THE SITE WAS ADDED TO THE NATIONAL PRIORITIES LIST (NPL) ON JUNE 10, 1986 (EFFECTIVE JULY 10, 1986). AS A RESULT OF NEGOTIATIONS WITH THE NEW HAMPSHIRE ATTORNEY GENERAL'S OFFICE AND EPA, ON JULY 10, 1987, FORD AGREED TO PROVIDE A SCOPE OF WORK FOR AN RI/FS. THIS WAS SUBMITTED IN OCTOBER, 1987. ON FEBRUARY 22, 1989, FORD'S COUNSEL STATED THAT FORD WAS NOT INTERESTED IN PERFORMING AN RI/FS. NEGOTIATIONS RESUMED IN NOVEMBER, 1990, WHEN EPA AND FORD SIGNED A TOLLING AGREEMENT. CERCLA S 113 PROVIDES FOR A THREE YEAR STATUTE OF LIMITATIONS FOR FILING A COST RECOVERY CLAIM FOR A REMOVAL ACTION. SINCE PHASE III OF THE REMOVAL WAS COMPLETED IN DECEMBER 1987, THIS STATUTE OF LIMITATIONS TO FILE A COST RECOVERY CASE WOULD HAVE RUN IN DECEMBER, 1990. THE TOLLING AGREEMENT PROVIDES FOR A ONE HUNDRED TWENTY (120) DAY TOLLING PERIOD THAT EXTENDS THE TIME BY WHICH THE GOVERNMENT MAY FILE AN ACTION REGARDING THE SITE. THE AGREEMENT ALSO STIPULATES THAT THE PARTIES WILL AMICABLY SEEK TO SETTLE THIS MATTER UNTIL JANUARY 30, 1991, AND PROVIDES A TIMETABLE FOR FORD TO RESPOND TO EPA'S NOVEMBER 15, 1990 INFORMATION REQUEST. AS OF THIS DATE, FORD HAS NOT INDICATED A WILLINGNESS TO SETTLE THIS MATTER.

Defendants (1)

• FORD MOTOR COMPANYNamed in complaintNamed in settlement

Facilities (1)

• TIBBETTS ROAD

  TIBBETTS RD., BARRINGTON, NH, 03825

  Registry ID: 110009341079

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FORD MOTOR COMPANYentered 1995-03-20

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-10-15Enforcement Action Data Entered
• 1990-12-28Referred To Dept Of Justice
• 1991-03-26Referred TO U.S. Attorney
• 1991-03-28Complaint Filed With Court
• 1995-03-20Final Order Lodged
• 1995-03-20Final Order Entered
• 1995-03-20Concluded