EPA v. BIRCH SWAMP ROAD SITE

Case summary

ON MARCH 8, 2007, EPA REGION 1 REFERRED A REQUEST TO THE U.S. DEPARTMENT OF JUSTICE FOR THE ISSUANCE OF A WARRANT TO AUTHORIZE ACCESS TO THE BIRCH SWAMP ROAD SITE IN WARREN, RHODE ISLAND (THE SITE ). A WARRANT IS NECESSARY BECAUSE EPA HAS BEEN UNABLE, DESPITE DILIGENT EFFORTS, TO GET THE OWNER TO PERFORM A PRELIMINARY ASSESSMENT AND SITE INVESTIGATION ( PA/SI ). THE SITE IS AN UNDEVELOPED 15.8 ACRE SQUARE FOOT PIECE OF PROPERTY LOCATED OFF OF BIRCH SWAMP ROAD NEAR THE KICKEMUIT RIVER, WHICH FLOWS DOWNSTREAM INTO THE KICKEMUIT RESERVOIR. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WHICH REFERRED THE CASE TO EPA, BELIEVES THE SITE MAY BE THE SOURCE OF SEVERAL HAZARDOUS SUBSTANCES IT FOUND IN SEDIMENT SAMPLES COLLECTED FROM THE BANKS OF THE KICKEMUIT RESERVOIR IN JUNE 2004.

Defendants (1)

• BIRCH SWAMP ROAD SITE OWNERNamed in complaint

Facilities (1)

• BIRCH SWAMP ROAD SITE

  BIRCH SWAMP RD, WARREN, RI, 02885

  Registry ID: 110032596215

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• BIRCH SWAMP ROAD SITEentered 2007-04-24

  Primary law: CERCLA

Timeline (6 milestones)

• 2007-03-08Referred To Dept Of Justice
• 2007-03-20Enforcement Action Data Entered
• 2007-04-13Complaint Filed With Court
• 2007-04-13Final Order Lodged
• 2007-04-24Final Order Entered
• 2008-06-10Supplemental Referral-Other