EPA v. COLLINS & AIKMAN

Case summary

On August 2, 2022, the U.S. Department of Justice (DOJ) filed a complaint under Section 107 and 113 of CERCLA against McCord Corporation (McCord) with respect to the Collins and Aikman Plant (Former) Superfund Site, located in Farmington, New Hampshire. In the complaint, the United States seeks to recover $8.9 million in past costs and a declaratory judgment that McCord is liable for future response costs. The suit follows a December 2020 referral to DOJ requesting litigation support. In the complaint, the United States alleges that McCord is liable for directly operating the facility of its subsidiary, Davidson Rubber Company, during the 1970s at the time of disposal of hazardous substances. EPA is currently undertaking a remedial investigation and feasibility study of the Site with the support of the New Hampshire Department of Environmental Services under a cooperative agreement. The Site was listed on the National Priorities List in December 2013. On December 16, 2020, Region 1 referred to the U.S. Department of Justice a cost recovery claim under Section 107(a)(2) of CERCLA against McCord Corporation with respect to the Collins and Aikman Plant (Former) Superfund Site, located in Farmington, New Hampshire. In the referral, EPA requests litigation support to recover an estimated $5.3 million in past costs, as well as a declaratory judgment that McCord is liable for future response costs. McCord is liable for directly operating the facility of its subsidiary, Davidson Rubber Company, from 1971 to 1986 at the time of disposal of hazardous substances. EPA is currently undertaking a remedial investigation of the Site with the support of the New Hampshire Department of Environmental Services under a cooperative agreement. The Site was listed on the National Priorities List in December 2013.

Defendants (1)

• McCord Corp.Named in complaintNamed in settlement

Facilities (1)

• COLLINS & AIKMAN PLANT (FORMER)

  OFF ROUTE 11 BETWEEN PAULSON ROAD TO THE NW, FARMINGTON, NH, 03835

  Registry ID: 110039020350

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• COLLINS & AIKMAN

  Primary law: CERCLA

Timeline (4 milestones)

• 2020-12-16Referred To Dept Of Justice
• 2021-03-31Enforcement Action Data Entered
• 2022-08-02Final Order Lodged
• 2022-08-02Complaint Filed With Court