EPA v. SOMERSWORTH, CITY OF ET AL

Case summary

THIS REFERRAL PROPOSES THAT THE DEPARTMENT OF JUSTICE LODGE AND MOVE FOR ENTRY IN THE FEDERAL DISTRICT COURT IN NEW HAMPSHIRE A PROPOSED SETTLEMENT UNDER CERCLA SECTIONS 106 AND 107, AND RCRA SECTION 7003. THE PROPOSED SETTLEMENT CALLS FOR TWENTY SETTLING PARTIES TO PERFORM THE REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA) AT THE SOMERSWORTH SANITARY LANDFILL SUPERFUND SITE IN SOMERSWORTH, NEW HAMP- SHIRE (THE SITE) IN ACCORDANCE WITH THE ROD, AND TO PAY CERTAIN PAST AND FUTURE COSTS RELATED TO THE SITE. TWENTY PARTIES HAVE SUBMITTED SIGNATURE PAGES TO THE PROPOSED DECREE AS HAS THE STATE OF NEW HAMPSHIRE. TWO OF THESE PARTIES, THE CITY OF SOMERSWORTH, NH AND GENERAL ELECTRIC ARE WORK SETTLING DEFENDANTS RESPONSIBLE FOR CARRYING OUT ALL THE WORK AT THE SITE IN ACCORDANCE WITH THE CONSENT DECREE AND PAYING THE MAJORITY OF THE PAST COSTS TO BE RECOVERED. THREE OF THE SETTLING PARTIES, BROWNING- FERRIS, INDUSTRIES INC., WASTE MANAGEMENT OF NORTH AMERICA, INC., AND CATE'S RUBBISH REMOVAL SERVICES, INC. ARE CASH-OUT SETTLING DEFENDANTS RESPONSIBLE FOR PAYING A TOTAL OF $33,181 TO THE UNITED STATES AND A TOTAL OF $188, 023 TO THE WORK SETTLING DEFENDANTS TO E USED TO IMPLEMENT THAT REMEDY. THE REMAINING FIFTEEN PARTIES ARE DE MININIS SETTLING DEFENDANTS EACH RESPONSIBLE FOR PAYING $31,304 TO THE WORK SETTLING DEFENDANTS TO BE USED TO IMPLEMENT THE REMEDY. TEN PARTIES ISSUED SPECIAL NOTICE HAVE NOT JOINED IN THIS SETTLEMENT. THERE ARE SEVERAL UNIQUE FEATURES TO THIS SETTLEMENT. FIRST, THE SETTLEMENT CALLS FOR THE IMPLEMENTATION OF AN INNOVATIVE TECHNOLOGY THAT, THAT IF SUCCESSFUL, WILL CUT THE COSTS OF CLEANING UP THIS SITE BY MORE THAN HALF, AND WILL PROVIDE OTHER SIGNIFICANT ENVIRONMENTAL BENEFITS. SECOND, THIS WILL SETTLEMENT PROVIDES THAT EPA WILL SHARE IN THE RISKS OF THIS INNOVATIVE TECHNOLOGY IF IT FAILS. THIRD, THIS SETTLEMENT INCLUDES A DE MINIMIS COMPONENT WHICH COMPLETES SEVERAL YEARS OF EFFORT TO LIMIT THE TRANSACTION COSTS OF SMALL PARTIES AT THIS LANDFILL SITE, AND TO OFFER THEM A MODEST AND FAIR SETTLEMENT.

Defendants (21)

• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES OF NHNamed in complaintNamed in settlement
• CATES RUBBISH REMOVAL SERVICES INCNamed in complaintNamed in settlement
• CVS
• D.F. RICHARD INCNamed in complaintNamed in settlement
• EXETER & HAMPTON ELECTRIC COMPANYNamed in complaintNamed in settlement
• FORTIER & SON INCNamed in complaintNamed in settlement
• GAGNON'S AUTO BODY INCNamed in complaintNamed in settlement
• GENERAL LINEN SERVICE INCNamed in complaintNamed in settlement
• J.A. PRINCE & SON INCNamed in complaintNamed in settlement
• MID-WAY BUICK PONTIAC GMCNamed in complaintNamed in settlement
• NEW ENGLAND TELEPHONE & TELEGRAPH CONamed in complaintNamed in settlement
• NEW HAMPSHIRE PRINTERS & BUSINESS FORMSNamed in complaintNamed in settlement
• PUBLIC SERVICE COMPANY OF NEW HAMPSHIRENamed in complaintNamed in settlement
• R.M. ROULEAU INCNamed in complaintNamed in settlement
• RIVERSIDE GARAGE & LEASING INCNamed in complaintNamed in settlement
• ROBBINS AUTO PARTS INCNamed in complaintNamed in settlement
• SOMERSWORTH NISSAN INCNamed in complaintNamed in settlement
• SOMERSWORTH, CITY OFNamed in complaintNamed in settlement
• TRI-CITY DODGE INC & TRI-CITY SUBARUNamed in complaintNamed in settlement
• WASTE MANAGEMENT OF AMERICA INCNamed in complaintNamed in settlement

Facilities (1)

• SOMERSWORTH SANITARY LANDFILL

  BLACKWATER RD, SOMERSWORTH, NH, 03878

  Registry ID: 110009259505

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• SOMERSWORTH, NH CITY OFentered 1996-03-19

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-01-01Enforcement Action Data Entered
• 1995-11-08Referred To Dept Of Justice
• 1996-01-24Complaint Filed With Court
• 1996-03-19Final Order Lodged
• 1996-03-19Final Order Entered
• 1996-03-19Concluded