EPA v. DUMMERSTON ORCHARD REMOVAL SITE

Case summary

Pursuant to Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( CERCLA ), 42 U.S.C. 9604, EPA performed an emergency response removal action to address a release or threat of release of pesticides, including hazardous substances, pollutants, and contaminants at the Dummerston Orchard Site related to a fire at the Site. On September 16, 2025, EPA signed an Administrative Settlement Agreement and Order on Consent under which the orchard agreed to perform the transportation and disposal of hazardous substances, pollutants, and contaminants at the Site under EPA oversight.

Defendants (2)

• Dwight Read Miller IIINamed in settlement
• Dwight Miller OrchardsNamed in complaintNamed in settlement

Facilities (1)

• DUMMERSTON ORCHARD

  193 MILLER ROAD, EAST DUMMERSTON, VT, 05346

  Registry ID: 110071818864

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DUMMERSTON ORCHARD REMOVAL SITEentered 2025-09-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2025-09-16Enforcement Action Data Entered
• 2025-09-16Final Order Issued
• 2025-09-16Complaint Filed/Proposed Order