EPA v. BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

Case summary

On September 26, 2017, EPA requested the U.S. Department of Justice commence a civil action in federal district court, pursuant to Section 104(e)(5) of the CERLA, to enforce three Administrative Orders for Property Access that the Region issued on May 1, 2017 (the 'Access Orders') at the Blackburn and Union Privileges Superfund Site. EPA also requested that the Department of Justice seek penalties up to $54,789 for each day that Respondents non-compliance with the Access Orders. In September and October of 2015, the Settling Defendants at the Site sent an access agreement to each of the owners of 42 Riverview Place, 44 Riverview Place and 46 Riverview Place, Walpole Massachusetts. After the Settling Defendants (with assistance from EPA) failed to obtain access from the land owners, EPA requested access on behalf of the Settling Defendants in letters dated December 27, 2016. EPA then issued the Access Orders to the each of the land owners on May 1, 2017. Because the owners failed to accept offers presented by the Settling Defendants or grant access to EPA, EPA made the Orders effective against the respective owners of 42 and 44 Riverview Place on June 9, 2017 and against the owner of 46 Riverview Place on July 21, 2017. The failure to obtain access to these properties has delayed Site cleanup, and enforcement of the Access Orders is needed to move the Site cleanup forward.

Defendants (3)

• JASON KIRBYNamed in complaint
• ELIZABETH LASALANamed in complaint
• RICHARD SANSONENamed in complaint

Facilities (3)

• ELIZABETH LASALA / BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

  44 RIVERVIEW PL, WALPOLE, MA, 02081

  Registry ID: 110070108364

• JASON KIRBY / BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

  42 RIVERVIEW PL, WALPOLE, MA, 02081

  Registry ID: 110070107303

• RICHARD SANSONE / BLACKBURN & UNION PRIVILEGES SUPERFUND SITE

  46 RIVERVIEW PL, WALPOLE, MA, 02081

  Registry ID: 110070107310

Statutes cited

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

Timeline (3 milestones)

• 2017-09-26Referred To Dept Of Justice
• 2017-10-04Enforcement Action Data Entered
• 2018-03-01Complaint Filed With Court