EPA v. HATHAWAY BRALEY WHARF CO (ATLAS TACK SITE)

Case summary

ON MAY 28, 2003, THE REGION SIGNED A CONSENT DECREE FOR THE ATLAS TACK CORPORATION SUPERFUND SITE IN FAIRHAVEN, MA ( SITE ) RESOLVING THE UNITED STATES CLAIMS AGAINST THE HATHAWAY-BRALEY WHARF COMPANY, INC. ( SETTLING DEFENDANT ) UNDER SECTION 107(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9607(a). THE SETTLING DEFENDANT OWNS A PORTION OF THE SITE, WHICH INCLUDES A DISPOSAL AREA THAT RECEIVED APPROXIMATELY 4,000 CUBIC YARDS OF INDUSTRIAL WASTES. THE COMMONWEALTH OF MASSACHUSETTS ( COMMONWEALTH ), ALSO, A SIGNATORY TO THE CD, GAVE ITS FINAL APPROVAL FOR THE SETTLEMENT ON UNE 27, 2003, AND THE CD WAS LODGED WITH THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ON JULY 2, 2003. IN THE CD THE SETTLING DEFENDANT AGREES TO MAKE A PAYMENT OF $501,575 TO EPA TO REIMBURSTE EPA FOR PAST AND FUTURE RESPONSE COSTS. THE SETTLING DEFENDANT ALSO AGREES TO MAKE A PAYMENT OF $51,125 TO THE COMMONWEALTH . FURTHER, THE SETTLING DEFENDANT AGREES TO GRANT EPA AND THE COMMONWEALTH ACCESS TO ITS PROPERTY TO CONDUCT THE REMEDIAL DESIGN/REMEDIAL ACTION AND AGREES TO PLACE AN ENVIRONMENTAL EASEMENT LIMITING THE PERMISSIBLE USES OF THE PROPERTY. FINALLY, THE CD ALSO RESOLVES THE CLAIMS OF THE UNITED STATES AND THE COMMONWEALTH WITH RESPECT TO THE NATURAL RESOURCES DAMAGES. THE SETTLING DEFENDANT AGREES TO PLACE A CONSERVATION EASEMENT ON ITS PROPERTY AND TO MAKE PAYMENTS TO THE DEPARTMENT OF THE INTERIOR AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN REMIMBURSEMENT OF THEIR DAMAGE ASSESSMENT COSTS.

Defendants (1)

• HATHAWAY BRALEY WHARF CONamed in complaintNamed in settlement

Facilities (1)

• ATLAS TACK

  83 PLEASANT ST, FAIRHAVEN, MA, 02719

  Registry ID: 110071100411

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HATHAWAY BRALEY WHARF CO (ATLAS TACK SITE)entered 2004-03-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-06-02Referred To Dept Of Justice
• 2003-07-02Final Order Lodged
• 2003-07-02Complaint Filed With Court
• 2003-07-10Enforcement Action Data Entered
• 2004-03-01Enforcement Action Closed
• 2004-03-01Final Order Entered