EPA v. SEACONKE WAMPONOAG NATION INC

Case summary

On April 14, 2009, EPA Region I issued an Administrative Order to gain access to a parcel of property owned by the Seaconke Wampanoag Tribe, Wampanoag Nation, Inc. (“SWT”), located within Operable Unit One (“OU 1 ) of the Peterson/Puritan, Inc. Superfund Site (“Site”). Access is required for the purpose of implementation of remedial work selected in the Record of Decision (“ROD”) for OU1. Remedial work includes, but is not limited to, monitoring contaminant levels of hazardous substances in groundwater on the property to ensure that cleanup efforts required in the ROD are effective. Despite repeated requests from EPA representatives to enter the Site, Respondent has refused to provide EPA with access to conduct the remedial activities. The Administrative Order follows a history of unsuccessful requests by EPA from 2007 to 2008 to gain access to two other SWT properties within Operable Unit 2, and culminated in a previously issued Administrative Order, which was ignored by the SWT.

Defendants (1)

• SEACONKE WAMPANOAG NATION INCNamed in settlement

Facilities (1)

• PETERSON PURITAN SUPERFUND SITE

  31 MARTIN STREET, CUMBERLAND, RI, 02864

  Registry ID: 110071099838

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• SEACONKE WAMPONOAG NATION INCentered 2009-04-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-04-14Final Order Issued
• 2009-06-23Enforcement Action Data Entered