EPA v. TMC 100 ELM LLC / BLACKBURN & UNION

Case summary

On November 18, 2019, the Massachusetts federal District Court approved a Stipulated Settlement resolving an access penalty action against TMC 100 Elm, LLC for failing to provide access to a portion of TMC's property needed for the cleanup of the Blackburn and Union Privileges Superfund Site in Walpole, Massachusetts. The United States requested access and later issued an Administrative Access Order to TMC in April 2018. The US filed suit in May 2018 to enforce Region 1's Access Order and to seek penalties for TMC's failure to comply with the Order. In 2018, the Court granted EPA access to a portion of TMC's property in order for the Performing Parties under an EPA Consent Decree to start cleanup work in the Neponset River that abuts TMC's property. The cleanup concluded in July 2019. TMC has agreed to pay $40,000 plus interest as a civil penalty for failing to comply with the Order. On July 12, 2018, the U.S. District Court for the District of Massachusetts issued the second of two court orders granting EPA access to commercial property owned by TMC 100 Elm, LLC needed for the cleanup of the Blackburn and Union Privileges Superfund Site in Walpole, Massachusetts. The United States filed suit in May 2018 to enforce Region 1's administrative access order to TMC. On June 12, 2018, the Court granted EPA access to most of TMC's property. At court hearings on June 13 and June 20, the United States responded to certain concerns raised by the Court regarding the administrative record. On July 12, the Court issued this second order granting EPA access to the remainder of TMC's land. The planned PRP-lead cleanup work started on July 16, 2018.

Defendants (1)

• TMC 110 ELM LLCNamed in complaintNamed 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 (3)

• TMC 100 ELM LLC / BLACKBURN & UNIONentered 2019-11-18

  Primary law: CERCLA

  Federal penalty: $40,000

• TMC 100 ELM LLC / BLACKBURN & UNIONentered 2018-06-12

  Primary law: CERCLA

• TMC 100 ELM LLC / BLACKBURN & UNIONentered 2018-07-12

  Primary law: CERCLA

Timeline (6 milestones)

• 2018-05-16Referred To Dept Of Justice
• 2018-05-18Complaint Filed With Court
• 2018-05-29Enforcement Action Data Entered
• 2019-11-18Final Order Entered
• 2019-11-18Demand for Stipulated Penalties
• 2019-11-18Final Order Lodged