EPA v. GRAYPOND REALTY CORPORATION

Case summary

THE LANDFILL COMPRISES UNIT TWO OF THE IRON HORSE PART SUPER FUND SITE ( THE IHP SITE ). THE IHP SITE CONSISTS OF APPROX- IMATELY 553 ACRES OF LAND IN NORTH BILLERICA, MASSACHUSETTS, NEAR THE TEWKSBURY TOWN LINE. THE IHP SITE, AN ACTIVE INDUSTRIAL COMPLEX AND RAIL YARD IN USE SINCE 1913, HAS A LONG HISTORY OF ACTIVITIES THAT HAVE RESULTED IN CONTAMINA- TION OF SOILS, GROUNDWATER AND SURFACE WATER. THE IHP SITE INCLUDES OPEN STORAGE AREAS, LANDFILLS, AND LAGOONS. THIS ACTION IS FOR COST RECOVERY UNDER CERCLA SECTION 107(A) 42 U.S.C. SECTION 9670(A), FOR RECOVERY OF COSTS INCURRED BY THE UNITED STATES. THE CLAIMS FOR PENALTIES FOR THE VIOLATION OF THE UAO ARE UNDER CERCLA SECTION 106(B), AND THE CLAIMS FOR PUNITIVE DAMAGES ARE UNDER CERCLA SECTION 107(C)(3). THE PROPOSED SUIT SEEKS RECOVERY OF $2.9 MILLION FOR PAST COSTS ASSOCIATED WITH THE SHAFFER LANDFILL OPERABLE UNIT OF THE IRON HORSE PARK SUPERFUND SITE. THE UNITED STATES MUST FILE A COST RECOVERY SUIT FOR THESE COSTS BY NOV. 21, 1994 OR BE FACED WITH POSSIBLE STATUTE OF LIMITATIONS PROBLEMS IN RECOVERING PART OF THESE COSTS. FURTHERMORE, SOME OF THE PRPS DID NOT SIGN RELATED ROLLING AGREEMENTS AND THEREFORE MAY NOT BE LIABLE FOR COSTS INCURRED PRIOR TO JANUARY 15, 19 91. HOWEVER, ALL PRPS ARE ELIGIBLE FOR COST RECOVERY OF COSTS INCURRED AFTER JANUARY 15, 1991.

Defendants (47)

• GENERAL ELECTRIC CONamed in settlement
• ROGERS FOAM CORPNamed in settlement
• ROY BROTHERS INCNamed in settlement
• SCREENPRINT/DOW INDUSTRIESNamed in settlement
• SHERWIN-WILLIAMS CONamed in settlement
• STANDEX CORPORATION FOR SPINCRAFT CORPNamed in settlement
• STERLING CLARK LURTON CORPNamed in settlement
• SUFFOLK SERVICES INCNamed in settlement
• TERADYNE INCNamed in settlement
• W.R. GRACE & CONamed in settlement
• WASTE MANAGEMENT INCNamed in settlement
• ACME PRINTNG COMPANYNamed in settlement
• ALLIED WASTE SYSTEMSNamed in settlement
• AMERICAN CAN\PRIMERCIAN CORPORATIONNamed in complaintNamed in settlement
• AMRAY INCNamed in settlement
• BIXBY INTERNATIONAL CORPNamed in settlement
• BOSTON EDISONNamed in settlement
• BROWNING-FERRIS INDUSTRIES INCNamed in settlement
• BURTON SHAFFERNamed in settlement
• CAMBRIDGE TOOL AND MANUFACTURING CO INCNamed in settlement
• COMMONWEALTH GAS CONamed in settlement
• COMPUTER VISION COMPANYNamed in settlement
• CONGRESS TECHNICAL SPRAY CONamed in settlement
• CRIMSON PRINTING CONamed in settlement
• DEHAART INCNamed in settlement
• …and 22 more

Facilities (1)

• SHAFFER LANDFILL

  POND ST., BILLERICA, MA, 01862

  Registry ID: 110009349035

Statutes cited

• CERCLA 106B — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GRAYPOND REALTY CORPORATIONentered 2001-04-19

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-10-20Enforcement Action Data Entered
• 1994-09-29Referred To Dept Of Justice
• 1995-01-05Complaint Filed With Court
• 2000-08-30Final Order Lodged
• 2001-04-19Final Order Entered
• 2001-04-19Concluded