EPA v. NEW HAMPSHIRE DIOXANE CONTAMINATION

Case summary

On February 24, 2020, the U.S. District Court for the District of New Hampshire entered a Consent Decree in connection with the New Hampshire Dioxane Site, located in Atkinson and Hampstead, New Hampshire. The Consent Decree resolves the liability of Charles A. DiDonato under Section 107(a)(2) of CERCLA for EPA?s past response costs. Pursuant to the Consent Decree, Mr. DiDonato will pay EPA $1.7 million plus interest within 30 days of entry of the Consent Decree. EPA alleges that Mr. DiDonato is liable because of his status as a general partner of DiJohn Realty Company from 1983 until 1993, during which time DiJohn owned property where disposals of hazardous substances occurred. Contamination from the property, including 1,4 dioxane, is believed to have contaminated nearby residential drinking water wells. At the request of the New Hampshire Department of Environmental Services, in 2014 EPA completed a removal action to extend a drinking water line and connect the impacted homes. By this settlement, along with a previous settlement, the Region has recovered about 90% of its costs at this site. On August 29, 2019, Region 1 referred to the U.S. Department of Justice a cost recovery claim under Section 107(a)(2) of CERCLA against Charles A. DiDonato in an effort to recover an estimated $2.1 million in past costs and interest associated with a removal action at the New Hampshire Dioxane Site, located in Atkinson and Hampstead, New Hampshire. The proposed defendant is liable because of his status as a general partner of DiJohn Realty Company from 1983 until 1993. During that time, DiJohn Realty Company owned property where disposals of hazardous substances occurred. Contamination from the property is believed to have contaminated nearby residential drinking water wells. At the request of the State of New Hampshire Department of Environmental Services, in 2014 EPA completed a removal action to extend a drinking water line and connect the impacted homes.

Defendants (1)

• Charles A. DonatoNamed in complaintNamed in settlement

Facilities (1)

• NEW HAMPSHIRE DIOXANE CONTAMINATION

  EMERY DRIVE & BELKNAP DRIVE, ATKINSON, NH, 03811

  Registry ID: 110045521404

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• NEW HAMPSHIRE DIOXANE CONTAMINATIONentered 2020-02-24

  Primary law: CERCLA

Timeline (5 milestones)

• 2019-08-29Referred To Dept Of Justice
• 2019-10-07Enforcement Action Data Entered
• 2020-01-09Final Order Lodged
• 2020-01-09Complaint Filed With Court
• 2020-02-24Final Order Entered