EPA v. ATLANTIC BATTERY CO INC_(SURRETTE)

Case summary

SITE WAS ESSENTIALLY A LEAD ACID BATTERY MFG AND ASSEMBLY FACILITY. OPEN VATS AND CONTAINERS OF SULFRUIC ACID AND LEAD CONTAMINATED SOILS REMAINED AT THE SITE AFTER INDUSTRIAL ACTIVITY CEASED AND THE SITE/FACILITY WAS ABANDONED IN THE FALL OF 1994. IN JANUARY OF 1995, EPA WAS NOTIFIED BY NEW HAMPSHIRE DEPT OF ENVIRONMENTAL SERVICES (NHDES) THAT OPEN CONTAINERS OF SULFURIC ACID AND OTHER HAZARDOUS SUBSTANCES HAD BEEN FOUND AT THE SITE. AT THE TIME OF THE NOTIFICATION, ACCESS TO THE SITE WAS UNRESTRICTED. ON JANUARY 20, 1995, THE REMOVAL PROGRAM PERFORMED A PRE- LIMINARY SITE ASSESSMENT/SITE INVESTIGATION(PA/SI). THE PA/SI CONFIRMED SITE ACCESS WAS UNRESTRICTED AND THE PRESENCE OF SEVERAL HUNDRED GALLONS OF ACID IN BULK STORAGE TANKS AT THE SITE. ON-SITE ANALYSIS INDICATED THE PRESENCE OF LEAD IN THE SOIL AT CONCENTRATIONS AS HIGH AS 6,100PPM. THE REMOVAL ACTION BEGAN ON MARCH 31, 1995, PURSUANT TO AN ACTION MEMORANDUM DATED MARCH 20, 1995. A REQUEST FOR A CEIL ING WAS APPROVED ON JULY 11, 1995 AFTER MORE LEAD WAS FOUND DURING SUBSEQUENT SOIL INVESTIGATIONS. THE REMOVAL ACTION WAS COMPLETED ON OR ABOUT AUGUST 24, 1995. IN DECEMBER OF 1998, THERE WAS A FIRE WHICH SUBSTANTIALLY DESTROYED THE FACILITY LOCATED AT THE SITE. IT IS NOW NECESSARY FOR EPA TO CONDUCT ADDITIONAL REMOVAL ACTION. REPEATED REQUESTS FOR ACCESS TO THE SITE BY EPA HAVE BEEN REFUSED BY THE OWNERS. EPA ISSUED THE ADMINISTRATIVE ORDER FOR PROPERTY ACCESS ON OCTOBER 20, 1999.

Defendants (4)

• ATLANTIC BATTERY CO INCNamed in complaintNamed in settlement
• MIGEIL, BRUCENamed in complaintNamed in settlement
• SURRETTE AMERICA BATTERYNamed in complaintNamed in settlement
• TILTON TRUST-BRUCE MIGEIL TRUSTNamed in complaintNamed in settlement

Facilities (1)

• SURRETTE AMERICA

  15 PARK ST., NORTHFIELD, NH, 03276

  Registry ID: 110015345875

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ATLANTIC BATTERY CO INCentered 2000-05-22

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-10-20Referred To Dept Of Justice
• 1999-12-16Enforcement Action Data Entered
• 2000-05-22Complaint Filed With Court
• 2000-05-22Concluded
• 2000-05-22Final Order Lodged
• 2000-05-22Final Order Entered