EPA v. TMC LLC / BLACKBURN & UNION SITE

Case summary

On April 5, 2018, EPA issued an Administrative Order for Access relating to the Blackburn and Union Privileges Superfund Site. The Access Order is to allow the Settling Defendants to implement a component of the cleanup remedy under a Consent Decree with the United States. The cleanup work includes excavation of sediment and floodplain soil abutting and in the vicinity of a commercial parking lot located at the intersection of Riverview Place and West Street, Walpole, Massachusetts. The parking lot is owned by TMC 100 Elm, LLC. Despite repeated requests, TMC has not granted access. In December 2015, the Settling Defendants at the Site sent an access agreement to TMC. After the Settling Defendants (with assistance from EPA) failed to obtain access from TMC, EPA requested access on behalf of the Settling Defendants in a letter dated October 10, 2017. In January 2018, all parties participated in a mediation session. However, the Settling Defendants and TMC did not reach an agreement for access. Because the owners failed to accept offers presented by the Settling Defendants or grant access to EPA, EPA issued the Access Order. The Access Order will provide TMC an opportunity for a conference before it becomes effective. The failure to obtain access to this property has delayed Site cleanup.

Defendants (1)

• TMC 100 Elm LLCNamed in settlement

Facilities (1)

• TMC LLC / BLACKBURN & UNION SITE

  RIVERVIEW PL & WEST ST, WALPOLE, MA, 02081

  Registry ID: 110070210069

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• TMC LLC / BLACKBURN & UNION SITEentered 2018-03-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2018-03-23Final Order Issued
• 2018-04-05Enforcement Action Data Entered