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
• JOHNSON FORD LINCOLN MERCURY NISSAN INCNamed in complaint
• KIMBERLY CLARK CORPNamed in complaint
• KRAFT GENERAL FOODS (DART INDUSTRIES)Named in complaint
• LAIDLAW TRANSIT INC (PALMER MOTOR COACH)Named in complaint
• LECHMERE INC (DAYTON HUDSON CORP)Named in complaint
• LEICESTER DIE & TOOL INCNamed in complaint
• TEXTRON INC (BABCO TEXTRON INC)Named in complaint
• TNT RED STAR EXPRESS, INCNamed in complaint
• TOM CONNELLY PONTIAC INCNamed in complaint
• TRANSPORTATION LEASING (VERMONT TRANSIT)Named in complaint
• PARTS FOURS INCNamed in complaint
• PATHFINDER REGIONAL VOC TECH H.S. DIST.Named in complaint
• PEPSI-COLA METROPOLITAN BOTTLING CO INCNamed in complaint
• PETE'S CHRYSLER PLYMOUTH-SUBARU INCNamed in complaint
• PIONEER VALLEY SALES & SERVICES INCNamed in complaint
• PLASTICAN INCNamed in complaint
• PLYMOUTH ROCK TRANSPORTATION CORPNamed in complaint
• PREMARK INTERNATIONAL INC (TUPPERWARE)Named in complaint
• PROCTOR & GAMBLE MANUFACTURING CO.Named in complaint
• PROTANO'S SERVICE STATIONNamed in complaint
• QUAMCO, INC (STORM DROP FORGE)Named in complaint
• RAGSDALE CHEVROLET INCNamed 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