EPA v. SHAW NORFOLK REALTY TRUST / BLACKBURN & UNION SUPERFUND SITE

Case summary

On June 1, 2012, EPA referred to the U.S. Department of Justice a request for assistance in applying for Ex Parte Warrants for Access to four properties at the Blackburn & Union Superfund Site located in Walpole, Massachusetts. These warrants, if issued, will require the property owners to provide access to the properties to W.R. Grace & Co.-Conn., Covidian Inc., the Shaffer Realty Nominee Trust and the B.I.M. Investment Corporation for the purpose of sampling soil and sediment on the properties. Despite repeated efforts by EPA staff, access could not be voluntarily obtained to these properties. Access to these properties was determined to be necessary due to contamination found along the Neponset River floodplain between the Former Mill Tailrace and Lewis Pond. 09012012: Access: September was spent working to gain access. We did a DOJ warrant referral for four property owners to gain access for sampling in Lewis Pond. Two of the four property owners (Keegan and Aquillo 8/16/2012) have signed. In September we worked to get Jacob and Shaw to sign. Only recently did they sign an access agreement with the PRPs.

Defendants (1)

• SHAW NORFOLK REALTY TRUSTNamed in complaintNamed in settlement

Facilities (1)

• BLACKBURN & UNION

  1057 MAIN STREEET, WALPOLE, MA, 02081-1825

  Registry ID: 110058918088

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• SHAW NORFOLK REALTY TRUST / BLACKBURN & UNION SUPERFUND SITEentered 2012-09-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2012-06-01Referred To Dept Of Justice
• 2012-06-12Enforcement Action Data Entered
• 2012-09-01Complaint Filed With Court
• 2012-09-01Enforcement Action Closed
• 2012-09-01Final Order Entered
• 2012-09-01Final Order Lodged