EPA v. BLACKINTON COMMONS

Case summary

BLACKINTON AND CG2, OVER THE COURSE OF REMEDIATING AND REDEVELOPING THE FORMER VHB ELECTROPLATING FACILILTY FOR CONDO DEVELOPMENT ECAVATED AND DISPOSED OF WASTE FROM THE FACILTY'S FORM WASTEWATER TREATMENT LAGOONS, WHICH HAD BEEN PREVIOUSLY CAPPED BY VHB IN 1981. THE WASTEWATER TREATMENT SLUDGE CAPPED IN THE LAGOONS MEETS THE DEFINITION OF F006 LISTED HAZARDOUS WASTE UNDER RCRA. THE SLUDGE CONTAINS CONTAMINANTS INCLUDING ARSENIC, CADMIUM, CHROMIUM, LEAD AND SILVER. BLACKINTON AND CG2 FAILED TO IDENTIFY THE WASTE AS F006 LISTED HAZARDOUS WASTE, FAILED TO PROPERLY SAMPLE THE CAPPED SLUDGE TO DETERMINE WHETHER IT WAS CHARACTERISTIC HAZARDOUS WASTE AN INTERMIXED THE CAPPED HAZ WASTE SLUDGE WITH OTHER WASTE FROMTHE REMDEDIATION TO CREATE APPROXIMATELY 212 TONS OF MIXED HAZARDOUS WASTE. THE WASTE WAS NOT TESTED TO DETERMINE IF IT WAS SUBJECT TO RCRA LAND DISPOSAL RESTRICTION TREATMENT STANDARDS PRIOR TO DISPOSAL. BLACKINTON AND CG2 SHIPPED THE WASTE IN SIX DIFFERENT SHIPMENTS ON JULY 6 AND 7, 2005 TO THE TURNKEY LANDFILL IN ROCHESTER NH. TURNKEY WAS NOT LICENSED TO TO ACCEPT HAZARDOUS WASTE. CG2 SIGNED A CERTIFICATION TO THE LANDFILL OFFICIALS THAT IT HAD ADEQUATELY TESTED THE WASTE AND IT WAS NON-HAZARDOUS.

Defendants (2)

• CG2 INC (SB)Named in complaintNamed in settlement
• BLACKINGTON COMMONS LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BLACKINTON C0MMONS

  140 AND148 COMMONWEALTH AVE, NORTH ATTLEBORO, MA, 02763

  Registry ID: 110040426027

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BLACKINTON COMMONSentered 2009-05-25

  Primary law: RCRA

  Federal penalty: $227,500

Timeline (3 milestones)

• 2006-12-12Enforcement Action Data Entered
• 2007-09-28Complaint Filed/Proposed Order
• 2009-05-25Final Order Issued