EPA v. HAYNES, WILLIAM AND HIGHLAND PROPERTIES CO. REALTY TRUST

Case summary

SUMMARY OF ACTION: THIS REFERRAL SUPPLEMENTS THE LITIGATION REPORT SENT TO THE U.S. DEPARTMENT OF JUSTICE BY EPA, REGION I ON APRIL 30, 1993. THAT REPORT REQUESTED THAT THE U.S. DEPARTMENT OF JUSTICE INITIATE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST THIS COMPANY FOR ITS CONTINUED REFUSAL TO RESPOND TO AN EPA INFORMATION REQUEST LETTER DATED APRIL 23, 1992. THE INFORMATION REQUEST LETTER WAS ISSUED BY THE REGION PURSUANT TO SECTION 3007 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), 42 U.S.C. SECTION 6927 AND SECTION 104E OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SECTION 9604(E). THE REPORT RECOMMENDED THAT THE U.S. DEPARTMENT OF JUSTICE FILE SUIT IN U.S. DISTRICT COURT, DISTRICT OF MASSACHUSETTS, REQUESTING THAT THE COURT ORDER HATHEWAY & PATTERSON TO COMPLY WITH THE INFORMATION REQUEST AND IMPOSE CIVIL PENALATIES FOR ITS FAILURE TO RESPOND TO THE REQUEST, PURSUANT TO SECTION 3008 (G) OF RCRA, 42 U.S.C. SECTION 6928(G). THE COMPANY REFUSED TO RESPOND TO THE REQUEST AND HAS NOW BEEN DISCHARGED IN BANKRUPTCY. ALTHOUGH A PROOF OF CLAIM WAS FILED ON BEHALF OF EPA, NO ASSETS WERE AVAILABLE TO THE REGION TO EFFECT CORRECTIVE ACTION ON-SITE OR TO PURSUE PENALTIES. ON AUGUST 12,1993, THE REGION SENT AN INFORMATION REQUEST LETTER PURSUANT TO SECTION 3007 OF RCRA AND SECTION 104(E) OF CERCLA, TO HAYNES IN HIS PERSONAL CAPACITY. THE PURPOSE OF THE LETTER WAS TO GATHER INFORMATION FROM HAYNES ABOUT HAZARDOUS WASTE PRACTICES AND MANAGEMENT AT THE HATHEWAY & PATTERSON FACILITY AND TO ASCERTAIN HIS FINANCIAL ABLILITY TO REIMBURSE THE REGION FOR ITS PLANNED REMOVAL ACTION ON-SITE. MR. HAYNES RECEIVED THE INFORMATION REQUEST LETTER ON AUGUST 13, 1993. THE LETTER REQUIRED A RESPONSE WITHIN TWENTY-ONE CALENDAR DAYS; BY SEPTEMBER 3, 1993. MR HAYNES DID NOT RESPOND TO THE LETTER. THE APRIL 1993 LITIGATION REPORT WAS THE SUBJECT OF A 60 DAY HOLD LETTER FROM THE REGION TO DOJ, DATED AUGUST 13, 1993. THE PURPOSE OF THE HOLD LETTER WAS, IN PART, TO ALLOW THE REGION TO PREPARE THIS SUPPLEMENTARY LITITGATION REPORT RECOMMENDING ACTION AGAINST WILLIAM HAYNES, THE COMPANY'S PRESIDENT, IN HIS PERSONAL CAPACITY AND AGAINST THE REALTY TRUST AS AN OWNER OF THE FACILITY. FURTHER, THE REGION HAS NOW DETERMINED THAT AN IMMINENT THREAT TO HUMAN HEALTH AND THE ENVIRONMENT EXISTS AT THE HATHEWAY & PATTERSON FACILITY DUE TO THE STORAGE AND RELEASE OF HAZARDOUS WASTE AT THE NOW ABANDONED SITE. THE REGION WILL BE CONDUCTING AN EMERGENCY RESPONSE ACTION, PURSUANT TO SECTION 106 OF CERCLA U.S.C. SECTION 9606, TO STABILIZE THE FACILITY. THEREFORE, THE REGION RECOMMENDS THAT THE UNITED STATES FILE A COMPLAINT AGAINST HAYNES FOR HIS FAILURE TO RESPOND TO THE INFORMATION REQUEST LETTER, FOR RCRA VIOLATIONS AT THE FACILITY AND FOR REIMBURSEMENT OF RESPONSE COSTS INCURRED UNDER SECTION 106 OF CERCLA, PURSUANT TO SECTION 107(A) OF CERCLA. THE REGION ALSO RECOMMENDS THAT THE COMPLAINT CITE HPC REALTY TRUST FOR RCRA VIOLATIONS AT THE FACILITY AND FOR REIMBURSEMENT COSTS INCURRED UNDER SECTION 106 OF CERCLA, PURSUANT TO SECTION 107(A) OF CERCLA. THE REGION EXPECTS TO COMPLETE THE RESPONSE ACTION BY DECEMBER 31, 1993. THE REGION INTENDS TO SUBMIT A SUPPLE- MENT TO THIS REPORT AT THAT TIME, WHICH WILL DETAIL THE CASE AGAINST HAYNES AND HPC UNDER SECTION 107(A) OF CERCLA. THE UNITED STATES SHOULD ASSURE ITSELF THAT HAYNES HAS NOT IMPROPERLY SHIFTED CORPORATE ASSETS TO HIMSELF OR THE TRUST THAT SHOULD BE PAID TO THE UNITED STATES FOR REIMBURSEMENT OF THE REMOVAL ACTION OR AS CIVIL PENALTIES. HOWEVER, SHOULD DISCOVERY REVEAL THAT NEITHER HAYNES NOR THE TRUST HAVE SUCH ASSETS, THE REGION RECOMMENDS THAT NO FURTHER EPA OR DOJ RESOURCES BE EXPENDED ON THIS CASE.

Defendants (1)

• HAYNES, WILLIAMNamed in complaintNamed in settlement

Facilities (1)

• HATHEWAY & PATTERSON CO INCORPORATED

  15 COUNTY ST., MANSFIELD, MA, 020480177

  Registry ID: 110002086563

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 107A — Cost Recovery
• CERCLA 104E2 — Information and/or Access
• RCRA 3007 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• HAYNES, WILLIAM AND HIGHLAND PROPERTIES CO. REALTYentered 1996-07-03

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (6 milestones)

• 1993-01-02Enforcement Action Data Entered
• 1993-12-30Referred To Dept Of Justice
• 1994-11-14Complaint Filed With Court
• 1996-07-03Final Order Lodged
• 1996-07-03Final Order Entered
• 1996-07-03Concluded