EPA v. WELLS G&H

Case summary

EPA has entered into two settlements relating to the Olympia Property, one of five source areas comprising Operable Unit 1 of the Wells G&H Superfund Site located in Woburn, Massachusetts. One part of the property, owned by Juniper Development Group, LLC, contains a trucking warehouse. The other part, owned by Olympia Aberjona, LLC, contains wetlands. A previous Settlement Agreement required the prior owners to perform a removal action to address TCE-contaminated soil and VOC-contaminated groundwater on the wetlands portion of the property. Under this recent Prospective Purchaser Agreement (PPA), two limited liability companies, created by investor Brookfield Asset Management Inc., will become the new owners of the property and will enhance and accelerate the removal action and pay EPA for all of its future response costs, with the exception of 20% of oversight costs, in exchange for a covenant not to sue from the United States. The estimated cost of the remaining removal action work is $2-3 million. Under the 122(h) Agreement, the prior owners paid EPA $1.2 million in partial reimbursement of EPA's past response costs, in exchange for a covenant not to sue for past response costs. Both agreements became effective on the date of the property transfer, which occurred on February 13, 2023. On September 14, 2020, the U.S. District Court for the District of Massachusetts entered the Consent Decree for the performance of remedial design/remedial action and recovery of future response costs for Operable Unit 4 (Southwest Properties) of the Wells G&H Superfund Site (the Site). Three Performing Settling Defendants will perform the $19.1 million remedy set forth in the 2017 Record of Decision, and thirteen Cashout Settling Defendants will make payments totaling $3,933,335 to a trust to be used by the Performing Settling Defendants to help finance the Work under the Consent Decree. The Performing Settling Defendants will also pay EPA for all of its future response costs with the exception of 20% of oversight costs. Under the Consent Decree, EPA will transfer $4,766,665 from the Wells G&H Superfund Site Special Account to a Disbursement Special Account, to be used to partially reimburse the Performing Settling Defendants for the performance of the Work. 7/1/20 Under the proposed Consent Decree, three Performing Settling Defendants will perform the $19.1 million remedy set forth in the 2017 Record of Decision. Twelve Cashout Settling Defendants will make payments totaling $3,933,335 to a trust to be used by the Performing Settling Defendants to help finance the Work. The Performing Settling Defendants will pay for all EPA future response costs with the exception of 20% of oversight costs. EPA will transfer $4,766,665 from the Wells G&H Superfund Site Special Account to a Disbursement Special Account, to be used to partially reimburse the Performing Settling Defendants for the performance of the Work. 1/22/20 EPA referred action to DOJ.

Defendants (19)

• Pharmacia, LLC, by its Attorney-in-Fact, MonsantoNamed in complaintNamed in settlement
• Stepan CompanyNamed in complaintNamed in settlement
• The Gillette CompanyNamed in complaintNamed in settlement
• The Sherwin Williams CompanyNamed in complaintNamed in settlement
• Varian Medical Systems, IncNamed in complaintNamed in settlement
• W.R. Grace & Co. � ConnNamed in complaintNamed in settlement
• Olympia Nominee TrustNamed in complaint
• Juniper Development Group LLCNamed in complaintNamed in settlement
• Olympia Aberjona LLCNamed in complaintNamed in settlement
• ConAgra Grocery Products Company, LLCNamed in complaintNamed in settlement
• Atos IT Solutions and Services, IncNamed in complaintNamed in settlement
• BASF CorporationNamed in complaintNamed in settlement
• Cognis USA LLCNamed in complaintNamed in settlement
• Goulston Technologies, IncNamed in complaintNamed in settlement
• NSTAR Electric Company d/b/a Eversource EnergyNamed in complaintNamed in settlement
• Organix, LLCNamed in complaintNamed in settlement
• OSRAM SYLVANIA, IncNamed in complaintNamed in settlement
• 280 Salem Street, LLCNamed in complaintNamed in settlement
• Murphy�s Waste Oil Service, IncNamed in complaintNamed in settlement

Facilities (1)

• WELLS G&H

  ABERJONA RIVER VALLEY, WOBURN, MA, 01801

  Registry ID: 110009290310

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• WELLS G&H (OU4)entered 2020-09-14

  Primary law: CERCLA

• WELLS G&H (OU1)

  Primary law: CERCLA

Timeline (5 milestones)

• 2020-01-22Referred To Dept Of Justice
• 2020-07-14Complaint Filed With Court
• 2020-09-10Enforcement Action Data Entered
• 2020-09-14Final Order Entered
• 2023-02-02Final Order Lodged