EPA v. ATLAS TACK CORPORATION

Case summary

THIS SITE, WHICH INCLUDES THE ENTIRE ATLAS TACK CORPORATION ( ATC ) PROPERTY (CURRENTLY STILL OWNED BY ATC), ADJACENT TO THE ATC FACILITY OWNED BY THE HATHAWAY-BRALEY WHARF COMPANY INC. ( HATHAWAY-BRALEY ), AND PORTIONS OF BOYS CREEK AND THE ADJACENT SALTWATER TIDAL MARSH EXTENDING TO BUZZARDS BAY, IS LOCATED AT 83 PLEASANT ST IN FAIRHAVEN, MASSACHUSETTS. THE ATC FACILILTY WAS BUILT IN 1901. BETWEEN 1901 AND 1985, ATC MANUFACTURED NUMEROUS VARIETIES OF TACKS, NAILS, SHOE EYELETS, RIVETS, BOLTS, AND SIMILAR ITEMS. THE MANUFACTURING OPERATIONS INCLUDED ELECTROPLATING, ACID WASHING, MACHINING, ANNEALING, PICKLING, ENAMELING, AND PAINTING. IN THE COURSE OF THESE OPERATIONS, PROCESS WASTES CONTAINING ACIDS, CYANIDE, METALS SUCH AS COPPER AND NICKEL, AND SOLVENTS WERE DISCHARGED INTO DRAINS IN THE FLOOR OF THE MAIN FACTORY BUILDING. AS A RESULT, TOXIC CHEMICALS PERMEATED THE FLOORS AND TIMBERS OF THE BUILDING AND MIGRATED TO THE SOILS BELOW AND ADJACENT TO THE MANUFACTURING BUILDINGS, AND ULTIMATELY TO THE GROUNDWATER. HAZARDOUS LIQUID WASTE AND SLUDGE FROM THE MANUFACTURING PROCESSES WERE ALSO DISCHARGED DIRECTLY TO AN UNLINED LAGOON ON THE SITE. EPA HAS COMPLETED THE REMEDIAL DESIGN FOR THE FIRST TWO PHASES OF THE THREE-PHASED CLEANUP APPROACH. THE REMEDIAL ACTION WILL BEGIN AS SOON AS FUNDS ARE AVAILABLE. THE REMEDY WILL TAKE APPROXIMATELY TWO AND A HALF YEARS TO COMPLETE AT AN ESTIMATED COST OF $18 MILLION. AS OF JANUARY 10, 2003, EPA'S PAST COSTS ARE APPROXIMATELY $6,821,312.

Defendants (6)

• ATLAS TACK CORPORATIONNamed in complaintNamed in settlement
• M LEONARD LEWISNamed in complaintNamed in settlement
• RICHARD A SECOR
• GNI INC
• Town of Fairhaven
• ARMY CORP OF ENGINEERSNamed in complaintNamed in settlement

Facilities (1)

• ATLAS TACK

  PLEASANT ST, FAIRHAVEN, MA, 02719

  Registry ID: 110008399811

Statutes cited

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

Enforcement conclusions (1)

• ATLAS TACK CORPORATIONentered 2006-06-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-02-06Referred To Dept Of Justice
• 2003-03-11Enforcement Action Data Entered
• 2003-08-27Final Order Lodged
• 2003-08-27Complaint Filed With Court
• 2005-09-01Supplemental Referral-Adding parties, counts
• 2006-06-01Final Order Entered