EPA v. BARKHAMSTED -NEW HARTFORD SUPERFUND SITE

Case summary

'ON SEPTEMBER 30, EPA REQUESTED THAT THE DEPT OF JUSTICE FILE A COMPLAINT AND A CONSENT DECREE TO RESOLVE CLAIMS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT IN CONNECTION WITH THE BARKHAMSTED-NEW HARTFORD SUPERFUND SITE IN BARKHAMSTED, CT ( THE SITE ). PURSUANT TO THE CONSENT DECREE, 13 SETTLING DEFENDANTS AGREE TO PERFORM THE REMEDIAL DESIGN AND REMEDIAL ACTION AT THE SITE AND TO REIMBURSE THE UNITED STATES FOR PAST AND FUTURE COSTS. THIS SETTLEMENT RESOLVES CLAIMS BY EPA AND THE STATE OF CONNECTICUT WITH RESPECT TO GROUNDWATER CONTAMINATION INCLUDING VOLATILE AND SEMI-VOLATIVE ORGANIC COMPOUNDS, AND LOW CONCENTRATIONS OF METALS. BASED ON TERMS OF THE PROPOSED CONSENT DECREE, THE SETTLING DEFENDANTS WILL PAY FOR AND PERFORM THE REMEDY AT THE SITE. THE SELECTED REMEDY IS MONITORED NATURAL ATTENUATION WHICH IS ESTIMATED TO COST $1.2 MILLION. THE SETTLING DEFENDANTS HAVE AGREED TO PAY FOR 100% OF EPA'S AND THE STATE OF CONNECTICUT'S FUTURE RESPONSE COSTS (ESTIMATED TO COST $300,000) AND INTERIM RESPONSE COSTS. EPA WILL ALSO BE COLLECTING 100% OF ITS PAST RESPONSE COSTS, AFTER THE MAXIMUM AMOUNT OF ORPHAN SHARE COMPENSATION IS APPLIED TO THOSE PAST RESPONSE COSTS. THE AMOUNT OF ORPHAN SHARE COMPENSATION WAS CALCULATED IN ACCORDANCE WITH EPA''S GUIDANCE DOCUMENTS, RESULTING IN AN AMOUNT OF $300,000 (25% OF THE FUTURE ROD COSTS OF $1.2 MILLION). THUS, THIS PROPOSED SETTLEMENT EQUALS A RECOVERY OF 100% OF EPA''S PAST COSTS AND FUTURE RD/RA COSTS AT THE SITE AFTER APPLYING THE ORPHAN SHARE COMPENSATION.'

Defendants (13)

• REGIONAL REFUSE DISPOSAL DISTRICT #1 ( RRDD#1 )Named in complaintNamed in settlement
• MEDPOINTE INC FORMERLY CARTER-WALLACENamed in complaintNamed in settlement
• NEWELL RUBBERMAID INCNamed in complaintNamed in settlement
• PITNEY BOWES (WHEELER GROUP)Named in complaintNamed in settlement
• REYNOLDS & REYNOLDS DBA BALTIMORE BUSINESS FORMSNamed in complaintNamed in settlement
• SKF USA INCNamed in complaintNamed in settlement
• TRW INCNamed in complaintNamed in settlement
• BARDEN CORPORATIONNamed in complaintNamed in settlement
• DYNAMICS CORPORATION OF AMERICA SUB OF CTS CORPNamed in complaintNamed in settlement
• HOWMET CORPORATIONNamed in complaintNamed in settlement
• HUDSON WIRE COMPANYNamed in complaintNamed in settlement
• IKON OFFICE SOLUTIONSNamed in complaintNamed in settlement
• KAMAN MUSIC CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• BARKHAMSTED-NEW HARTFORD LANDFILL

  ROUTE 44, BARKHAMSTED, CT, 06063

  Registry ID: 110009272090

• REGIONAL REFUSE DISPOSAL TRANSFER STATION

  31 NEW HARTFORD RD, BARKHAMSTED, CT, 06063

  Registry ID: 110044324978

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BARKHAMSTED-NEW HARTFORD SUPERFUND SITEentered 2003-05-07

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-09-30Referred To Dept Of Justice
• 2002-10-07Enforcement Action Data Entered
• 2003-01-13Final Order Lodged
• 2003-01-13Complaint Filed With Court
• 2003-05-07Concluded
• 2003-05-07Final Order Entered