EPA v. AMF REECE INC

Case summary

UNDER THE TERMS OF THE PROPOSED CONSENT DECREE, ELEVEN MAJOR PARTIES AGREE TO PERFORM THE ENTIRE CLEAN-UP, AND, SIGNIFICANTLY, AGREE TO BEGIN DESIGNING THE REMEDIAL ACTION SEVERAL MONTHS PRIOR TO THE ENTRY OF THE CONSENT DECREE. THESE MAJOR PARTIES AND SIX FEDERAL AGENCIES ALSO AGREE TO PAY $3,175,000 IN PAST COSTS. IN ADDITION, THE MAJOR PARTIES WILL REIMBURSE THE GOVERNMENTS FOR 100% OF THE FUTURE OVER- SIGHT COSTS UP TO $500,000, AND FOR 50% OF SUCH FUTURE COSTS OVER $500,000. SIGNATURE PAGES OF THE FEDERAL AGENCIES WILL NOT BE PROVIDED UNTIL THE ACTING ASSISTANT ATTORNEY GENERAL OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF THE DEPARTMENT OF JUSTICE APPROVES THE CONSENT DECREE FOR LODGING. AS A RESULT, THE MAJOR PARTIES' SIGNATURE PAGES ARE BEING HELD IN ESCROW UNTIL THE FEDERAL AGENCIES SIGN THE CONSENT DECREE. THIS SETTLEMENT ALSO INCLUDES A DE MINIMIS SETTLEMENT WITH AT LEAST 140 SMALL PARTIES OBTAINING PROTECTION FROM THIRD PARTY LAWSUITS SEEKING CONTRIBUTION. FURTHERMORE, AS THE SETTLING PARTIES HAD INTENDED TO PURSUE ADDITIONAL PARTIES FOR CONTIBUTION AFTER SIGNING THE CONSENT DECREE, THIS SETTLEMENT UPON EPA APPROVAL, ALLOWS ADDITIONAL QUALIFIED DE MINIMIS PARTIES TO JOIN THE SETTLEMENT AFTER THE LODGING OF THE CONSENT DECREE. THE ADDITION OF MORE DE MINIMIS PARTIES AFTER LODGING OF THE DECREE IS A NEW APPROACH TO LIMIT TRANSACTION COSTS THAT WOULD BE INCURRED BY THESE PARTIES IN THIRD PARTY CONTRIBUTION LITIGATION, AND WILL ENLARGE THE GOVERNMENTS' RECOVERY WITHOUT EXPENDING MUCH RESOURCES.

Defendants (166)

• GREENFIELD, TOWN OFNamed in complaint
• RYDER TRUCK RENTALNamed in complaint
• ZECCO INCNamed in complaint
• COCA-COLA BOTTLING CO OF NEW YORKNamed in complaint
• COLLEGE OF HOLY CROSSNamed in complaint
• COMMUNITY SERVICE STATIONS INCNamed in complaint
• CONNECTICUT VALLEY ARTESIAN WELL CO INCNamed in complaint
• COOMBS MOTOR COMPANYNamed in complaint
• COOPER IND (WORTHINGTON COMPRESSOR)Named in complaint
• SPARTAN SAW WORKS INCNamed in complaint
• TRW INC (GREENFIELD TAP & DIE)Named in complaint
• TYLER EQUIP. CORPNamed in complaint
• U.S. TSUBAKI INC (ACME CHAIN)Named in complaint
• UNIROYAL GOODRICH TIRE COMPANY, THENamed in complaint
• UNISORB (THE FELTERS COMPANY)Named in complaint
• UNITED PARCEL SERVICES INCNamed in complaint
• UNITED STATES AIR FORCENamed in complaint
• UNITED STATES ARMYNamed in complaint
• UNITED STATES COAST GUARDNamed in complaint
• UNITED STATES GENERAL SERVICES ADMINNamed in complaint
• UNITED STATES NAVYNamed in complaint
• UNITED STATES POSTAL SERVICENamed in complaint
• UNITED TECH. AUTOMOTIVE (AMERICAN BOSCH)Named in complaint
• UNITED TECHNOLOGIES (PRATT & WHITNEY)Named in complaint
• UNIVERSITY OF MASSACHUSETTSNamed in complaint
• …and 141 more

Facilities (1)

• NEWTOWN REFINING CORP

  10 WATER ST, PALMER, MA, 01069

  Registry ID: 110003455181

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (5 milestones)

• 1990-04-15Enforcement Action Data Entered
• 1994-09-23Referred To Dept Of Justice
• 1994-11-02Complaint Filed With Court
• 1995-02-02Concluded
• 1995-02-02Enforcement Action Closed