EPA v. GENDRON FREDERICK W & ELIZABETH J

Case summary

ON MARCH 13, 2001, THE REGION REFERRED THE GENDRON JUNK- YARD SITE IN PELHAM NH (THE SITE ) TO THE DEPARTMENT OF JUSTICE FOR FILING OF A COST RECOVERY ACTION UNDER SECTION 107(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPEN- SATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9607A AGAINST FREDERICK AND ELIZABETH GENDRON, THE OWNERS/OPERATOR OF THE SITE. THIS ACTION SEEKS RECOVERY OF IN EXCESS OF $2,000,000 IN PAST COSTS INCURRED BY EPA FO A REMOVAL ACTION AT THE SITE. THIS SITE, WHICH INCLUDES A JUNKYARD AND TWO ABUTTING RESIDENTIAL PROPERTIES, IS LOCATED AT 13 HOBBS RD IN PELHAM, NH. SITE OPERATIONS INCLUDED A SCRAP METAL RECYCLING OPERATION THAT PRIMARILY INVOLVED THE PRESSING AND SHREDDING OF JUNK AUTOMOBILES. OVER THE YEARS, AN APPROXIMATLELY 10,000 CUBIC YARD PILE OF AUTO SHREDDER RESIDUE ( ASR OR FLUFF ), A MIXTURE OF DIRT, PLASTIC, RUBBER, WOOD, FABRIC, AND OTHER ON-METALLIC MATERIALS, ACCUMULATED ON THE SOUTHERN PORTION OF THE GENDRON'S PROPERTY ON THE VERGE OF WETLANDS, AND ALSO EXTENDED ONTO TWO OF THE ABUTTING RESIDENTIAL PROPERTIES. EPA'S REMOVAL ACTION INVOLVED TREATMENT AND OFF-SITE DISPOSAL OF APPROXIMATELY 11,000 TONS OF CONTAMIN- ATED ASR. ADDITIONALLY, APPROXIMATELY 6,000 TONS OF CONTAMINATED SOIL WERE EXCAVATED, STOCKPILED, TREATED, AND DISPOSED OF OFF-SITE. ALTHOUGH THE REFERRAL NAMES THE SITE OWNERS/OPERATORS AS THE PROPOSED DEFENDANTS, THE REGION BELIEVES THAT A SUBSTANTIAL PORTION OF EPA'S COSTS MAY BE COVERED BY COMPREHENSIVE LIABILITY INSURANCE ISSUED TO THE DEFENDANTS OVER A TEN-YEAR-PERIOD. BASED ON ITS ANALYSIS, THE REGION BELIEVES THAT A COST RECOVERY ACTION AGAINST THE INSURED PARTIES (THE GENDRONS) WOULD BEST SERVE TO MAXIMIZE THE OPTIONS AVAILABLE TO THE UNITED STATES TO SEEK, UTIMATELY, A JUDICIAL DETERMINATION AS TO COVERAGE UNDER THE GENDRONS' INSURANCE POLICIES.

Defendants (2)

• GENDRON, ELIZABETH JNamed in complaintNamed in settlement
• GENDRON, FREDERICK WNamed in complaintNamed in settlement

Facilities (1)

• GENDRON JUNKYARD

  13 HOBBS ROAD, PELHAM, NH, 03076

  Registry ID: 110009298688

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GENDRON FREDERICK W & ELIZABETHentered 2002-02-04

  Primary law: CERCLA

Timeline (6 milestones)

• 2001-03-13Referred To Dept Of Justice
• 2001-04-03Enforcement Action Data Entered
• 2001-11-13Complaint Filed With Court
• 2002-02-04Final Order Lodged
• 2002-02-04Final Order Entered
• 2002-02-04Concluded