EPA v. OLD COLONY RAILROAD REMOVAL SITE

Case summary

THIS IS A PROPOSED ADMINISTRATIVE AGREEMENT, BASED ON INABILITY-TO-PAY, FOR THE RECOVERY OF PAST RESPONSE COSTS UNDER SECTION 122H OF CERCLA FOR REIMBURSEMENT OF RESPONSE COSTS INCURRED BY EPA IN PERFORMING A REMOVAL ACTION AT THE OLD COLONY RAILROAD SUPERFUND REMOVAL SITE IN EAST BRIDGEWATER, MASSACHUSETTS (SITE). IN THE PROPOSED AGREEMENT FOR RECOVERY OF PAST COSTS, THE SETTLING PARTIES, KARL FISHER, EDITH FISHER, AND WEST UNION CORPORATION, HAVE AGREED TO PROVIDE EPA ACCESS TO CERTAIN SITE PROPERTY TO CONDUCT ANY FURTHER INVESTIGATION OR RESPONSE ACTION AS MAY BE NECESSARY, AND TO PLACE, OR TO COOPERATE IN THE PLACEMENT, OF INSTITUTIONAL CONTROLS ON CERTAIN SITE PROPERTY AS MAY BE DETERMINED BY EPA TO BE NECESSARY. THIS PROPOSED SETTLEMENT AGREEMENT ALSO RECOGNIZES THE COSTS BORNE BY THE SETTLING PARTIES IN CONDUCTING CERTAIN ENVIRONMENTAL INVESTIGATION ACTIVITIES AT THE SITE, AND IN PROVIDING CERTAIN RESEARCH ASSISTANCE TO EPA IN FURTHERANCE OF ITS SITE INVESTIGATION EFFORTS.

Defendants (3)

• KARL FISHERNamed in complaintNamed in settlement
• EDDITH FISHERNamed in complaintNamed in settlement
• WEST UNION CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OLD COLONY RAILROAD REMOVAL SITE

  24 WEST UNION ST, EAST BRIDGEWATER, MA, 023331744

  Registry ID: 110009262662

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OLD COLONY RAILROAD REMOVAL SITEentered 2003-08-29

  Primary law: CERCLA

Timeline (3 milestones)

• 2003-08-29Complaint Filed/Proposed Order
• 2003-08-29Final Order Issued
• 2003-10-09Enforcement Action Data Entered