EPA v. BOSTON & MAINE CORPORATION AND MBTA / IRON HORSE PARK

Case summary

The Site is a 553-acre industrial complex which includes manufacturing and rail yard maintenance facilities, open storage areas, landfills, and wastewater lagoons. The media of concern at OU4 are sediment and groundwater. In the proposed Consent Decree, the settling parties have agreed between them to perform the $2.7 million remedy, which includes the excavation of contaminated sediment at B&M Pond, monitored natural restoration of contaminated sediment in other waterways, and long-term monitoring of contaminated groundwater. The two Settling Parties will also pay for 100% of EPA?s interim and future response costs, and 70% of EPA?s past costs incurred with respect to OU4 of the Site. The United States District Court for the District of Massachusetts entered the Consent Decree between the United States, Boston and Maine Corporation (B&M) and the Massachusetts Bay Transportation Authority (MBTA) for remedial design and remedial action at Operable Unit 4 (OU4) of the Iron Horse Park Superfund Site located in Billerica, Massachusetts. The Site is a 553-acre industrial complex which includes manufacturing and rail yard maintenance facilities, open storage areas, landfills, and wastewater lagoons. The media of concern at OU4 are sediment and groundwater. Between them, the settling parties have agreed to perform the $2.7 million remedy, which includes the excavation of contaminated sediment at B&M Pond, monitored natural recovery of contaminated sediment in other waterways, and long-term monitoring of contaminated groundwater. The two Settling Parties will also pay for 100% of EPA�s interim and future response costs, and reimburse EPA�s past costs incurred with respect to OU4 of the Site. The United States District Court for the District of Massachusetts entered the Consent Decree between the United States, Boston and Maine Corporation (B&M) and the Massachusetts Bay Transportation Authority (MBTA) for remedial design and remedial action at Operable Unit 4 (OU4) of the Iron Horse Park Superfund Site located in Billerica, Massachusetts. The Site is a 553-acre industrial complex which includes manufacturing and rail yard maintenance facilities, open storage areas, landfills, and wastewater lagoons. The media of concern at OU4 are sediment and groundwater. Between them, the settling parties have agreed to perform the $2.7 million remedy, which includes the excavation of contaminated sediment at B&M Pond, monitored natural recovery of contaminated sediment in other waterways, and long-term monitoring of contaminated groundwater. The two Settling Parties will also pay for 100% of EPA�s interim and future response costs, and reimburse EPA�s past costs incurred with respect to OU4 of the Site.

Defendants (2)

• BOSTON & MAINE CORPORATIONNamed in complaintNamed in settlement
• MASSACHUSETTS BAY TRANSPORTATION AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• IRON HORSE PARK SUPERFUND SITE

  HIGH STREET ( 553-ACRE INDUSTRIAL COMPLEX), BILLERICA, MA, 01821

  Registry ID: 110024291899

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BOSTON & MAINE CORPORATION AND MBTA / IRON HORSE PARKentered 2015-04-30

  Primary law: CERCLA

Timeline (7 milestones)

• 2011-08-04PRN Sent
• 2014-09-25Referred To Dept Of Justice
• 2014-10-07Complaint Filed With Court
• 2014-10-07Final Order Lodged
• 2014-10-08Enforcement Action Data Entered
• 2015-04-30Concluded
• 2015-04-30Final Order Entered