EPA v. KMART CORPORATION

Case summary

'''KMART IS A PRP (GENERATOR) AT THE BEEDE WASTE OIL SUPERFUND SITE IN PLAISTOW, NH. FROM THE 1920''''S UNTIL 1994, THE BEEDE SITE WAS USED FOR SEVERAL WASTE OIL-RELATED OPERATIONS. THE SITE WAS PLACED ON THE NPL IN DECEMBER 1996. A STATE-LEAD REMEDIAL INVESTIGATION AND FEASIBILITY STUDY HAS CONFIRMED THE PRESENCE OF CONTAMINATION IN SOIL AND GROUNDWATER, INCLUDING PCBs, VOCs, POLYAROMATIC HYDROCARBONS, AND LEAD. EPA ISSUED A GENERAL NOTICE LETTER TO KMART IN JUNE 2001 PROVIDING FORMAL NOTICE TO THE COMPANY OF ITS POTENTIAL LIABILITY FOR CERCLA RESPONSE COSTS AT THE BEEDE SITE. TO DATE, EPA HAS INCURRED COSTS RELATED TO BEEDE OF ABOUT $17 MILLION AND THE STATE OF NEW HAMPSHIRE HAS INCURRED ALMOST $1.9 MILLION IN SITE-RELATED COSTS. THE TOTAL BEEDE SITE CLEAN-UP COSTS ARE CURRENTLY EXPECTED TO BE ABOUT $65 MILLION. REGION 1 HAS CONCLUDED ONE DE-MINIMUS CASHOUT AT BEEDE BY RESOLVING SUPERFUND LIABILITY WITH ALMOST 500 PRPs IN A SETTLMENT WORTH OVER $1.6 MILLION. THE REGION IS IN THE MIDDLE OF A SECOND, LARGE-SCALE DE MINIMUS CASHOUT WORTH POTENTIALLY OVER $10 MILLION. BASED ON OUR BEST ESTIMATE OF SITE COSTS AND THE AMOUNT OF KMART''S WASTE SENT TO BEEDE, THE VALUE OF THE GOVERNMENT''S CLAIM FOR BEEDE SITE COSTS AGAINST THE KMART BANKRUPTCY IS JUST $11,934. FILLING A PROOF OF CLAIM WILL PRESERVE EPA''S RIGHT TO SEEK PAYMENT FORM KMART FOR ITS SHARE OF PAST AND FUTURE SITE-RELATED COSTS. THE BEEDE CLAIM WILL NOT BE THE ONLY ONE ASSERTED BY THE REGION IN KMART''S BANKRUPTCY SINCE THE COMPANY IS POTENTIALLY LIABLE AT SEVERAL SUPERFUND SITES IN NEW ENGL'

Defendants (2)

• KMART CORPORATIONNamed in settlement
• KMART CORPORATIONNamed in complaint

Facilities (2)

• BEEDE WASTE OIL

  7 KELLEY ROAD, PLAISTOW, NH, 03865-2104

  Registry ID: 110004088978

• BEEDE WASTE OIL CORP

  7 KELLEY RD, PLAISTOW, NH, 038650127

  Registry ID: 110004088978

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• KMART CORPORATIONentered 2003-07-15

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-07-22Referred To Dept Of Justice
• 2002-07-25Enforcement Action Data Entered
• 2002-07-30Final Order Lodged
• 2002-07-30Complaint Filed With Court
• 2003-07-15Concluded
• 2003-07-15Final Order Entered