EPA v. JASON KIRBY / BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

Case summary

On May 1, 2017, EPA signed tree Administrative Orders for Access relating to the Blackburn and Union Privileges Superfund Site. The Kirby Order will require the property owner to allow Settling Defendants (W.R. Grace & Co.-Conn., Medtronic, the Shaffer Realty Nominee Trust and the B.I.M. Investment Corporation) to implement a component of the cleanup remedy under a Consent Decree. Despite repeated requests over the last two years and despite EPA?s delaying the effective date of the Order, Kirby has not signed an access agreement with the Settling Defendants or granted access to EPA. By letter dated June 6, 2017, EPA notified Kirby that the Order would become effective on Friday, June 9, 2017, unless EPA received a signed Access Agreement prior to that date. To date, EPA has not received a signed agreement giving EPA access or an access agreement agreed to and signed by the property owner and the Settling Defendants.

Defendants (1)

• Jason KirbyNamed in settlement

Facilities (1)

• JASON KIRBY / BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

  42 RIVERVIEW PL, WALPOLE, MA, 02081

  Registry ID: 110070107303

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• JASON KIRBY / BLACKBURN & UNION PRIVILEGES SUPERFUND SITEentered 2017-05-01

  Primary law: CERCLA

Timeline (2 milestones)

• 2017-05-01Final Order Issued
• 2017-10-04Enforcement Action Data Entered