EPA v. TUCARD LLC / NAVY YARD MILLS

Case summary

On December 22, 2011, the United States District Court for Massachusetts entered an Order requiring Defendant, Tucard, LLC, to pay a $3,000 penalty to the United States resulting from a judicial case in which the United States successfully sought access to the Navy Yards Mill Superfund Site (�Site�) in Dracut, Massachusetts. EPA requested to enter the Defendant�s property to investigate contamination leading to vapor intrusion at the Site. Defendant denied EPA access, so the Region issued an administrative access order and then filed a judicial action when the Defendant did not comply with the administrative order. The Court�s original order of September 15, 2010 granting access left the penalty amount open. The amount of the penalty is based upon an analysis of Defendant�s ability to pay. Settlement #1. TUCARD HAS REFUSED ACCESS TO ITS PROPERTY ON PLEASANT STREET WHICH CONSTITUTES THE NAVY YARD MILLS SUPERFUND SITE. EPA WANTS ACCESS TO PERFORM A REMOVAL. EPA ISSUED AN ADMINISTRATIVE ORDER, BUT TUCARD HAS NOT COMPLIED WITH IT. EPA REFERRED THE CASE ON MAY 6, 2010. Settlement #2. On December 22, 2011, the United States District Court for Massachusetts entered an Order requiring Defendant, Tucard, LLC, to pay a $3,000 penalty to the United States resulting from a judicial case in which the United States successfully sought access to the Navy Yards Mill Superfund Site (�Site�) in Dracut, Massachusetts. EPA requested to enter the Defendant�s property to investigate contamination leading to vapor intrusion at the Site. Defendant denied EPA access, so the Region issued an administrative access order and then filed a judicial action when the Defendant did not comply with the administrative order. The Court�s original order of September 15, 2010 granting access left the penalty amount open. The amount of the penalty is based upon an analysis of Defendant�s ability to pay.

Defendants (1)

• TUCARD LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• NAVY YARD MILLS

  76 - 100 PLEASANT STREET, DRACUT, MA, 01826

  Registry ID: 110039147704

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (2)

• TUCARD LLC / NAVY YARD MILLSentered 2011-12-22

  Primary law: CERCLA

  Federal penalty: $3,000

• TUCARD LLC / NAVY YARD MILLSentered 2010-09-17

  Primary law: CERCLA

Timeline (6 milestones)

• 2010-05-06Referred To Dept Of Justice
• 2010-05-20Enforcement Action Data Entered
• 2010-07-16Final Order Lodged
• 2010-07-16Complaint Filed With Court
• 2011-12-22Concluded
• 2011-12-22Final Order Entered