EPA v. WINDY HILL SITE

Case summary

ON JUNE 18,2004, EPA WITH THE ASSISTANCE OF THE DEPARTMENT OF JUSTICE OBTAINED AN EX PARTE ADMINISTRATIVE ACCESS WARRANT TO THE WINDY HILL SITE ( SITE ) IN NEW IPSWICH, NEW HAMPSHIRE, FOR A PERIOD OF 90 DAYS FOR THE PURPOSE OF CONDUCTING RESPONSE ACTIVITIES WHICH INCLUDE A PRELIMINARY SITE ASSESSMENT AND SITE INVESTIGATION( PA/SI ). EPA HAD BEEN UNABLE, DESPITE DILIGENT EFFORTS, TO LOCATE ANYONE WITH AUTHORITY TO GRANT VOLUNTARY ACCESS TO THE SITE. THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES ( NHDES ) HAD REQUESTED THAT EPA CONDUCT THE PA/SI AT THE SITE. THE SITE IS COMPRISED OF A SINGLE PARCEL OF LAND WITH A VACANT, FIRE-DAMAGED, SINGLE FAMILY HOME. ALSO LOCATED ON THE SITE ARE TWO OPEN METAL STORAGE TRAILERS WHICH ARE IN POOR CONDITION AND IS KNOWN TO CONTAIN MANY 55-GALLON METAL DRUMS AND OTHER CONTAINERS. AT LEAST ONE OF THE 55-GALLON DRUMS IS LABELED FLAMMABLE MATERIAL AND MAY POSE A THREAT OF FIRE OR EXPLOSION. THE SITE WAS NOT SECURED AND AS A RESULT, TRESPASSERS OR VANDALS COULD COME IN CONTACT WITH POTENTIALLY HAZARDOUS SUBSTANCES. THE WARRANT ALLOWS EPA TO SAMPLE SOILS, AIR, DRUMS AND OTHER CONTAINERS, THE TRAILERS AND ANY ITEMS WITHIN THE HOUSE OR TRAILERS, AND CONDUCT RESPONSE ACTIONS WHICH INCLUDE REPACKAGING, AND SHIPPING OFF-SITE, FOR PROPER DISPOSAL OF ALL DRUMS AND OTHER CONTAINERS FOUND AT THE SITE.

Defendants (1)

• WINDY HILLNamed in complaintNamed in settlement

Facilities (1)

• WINDY HILL SITE

  8 WINDY HILL RD, NEW IPSWICH, NH, 03071

  Registry ID: 110017937321

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• WINDY HILL SITEentered 2004-06-18

  Primary law: CERCLA

Timeline (7 milestones)

• 2004-06-07Referred To Dept Of Justice
• 2004-06-18Concluded
• 2004-06-18Final Order Entered
• 2004-06-18Final Order Lodged
• 2004-06-18Referred TO U.S. Attorney
• 2004-06-18Complaint Filed With Court
• 2004-09-30Enforcement Action Data Entered