EPA v. TIVERTON TOWN OF / BAY STREET MERCURY SUPERFUND SITE

Case summary

On April 18, 2012, Region 1 approved an administrative settlement agreement and order on consent requiring performance of a removal action on portions of the Bay Street Mercury Superfund Site in Tiverton, Rhode Island. The settlement requires the Town of Tiverton to complete removal activities on Town-owned/operated right of way areas (ROWs) at the Site. The Site is contaminated with mercury and mercury-laden felt waste from hat making operations that took place in the area approximately 100 years ago. In addition to performing the work, the agreement requires the Town to reimburse EPA for past costs and all future oversight costs. In addition to the ROWs, the Site encompasses several adjacent residential properties where mercury waste is located. For those areas, consistent with EPA’s July 1991 residential homeowner policy, the Region will conduct a fund-lead removal rather than seeking PRP-lead actions against individual homeowners.

Defendants (1)

• TOWN OF TIVERTON RINamed in settlement

Facilities (1)

• BAY STREET MERCURY

  A CONNELL STREET, TIVERTON, RI, 02878

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TIVERTON TOWN OF / BAY STREET MERCURY SUPERFUND SITEentered 2012-04-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-04-18Final Order Issued
• 2012-04-24Enforcement Action Data Entered