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The Winds of Change
Sutton Brook Superfund Site Remedial Update
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Sutton Brook Superfund Site Remedial Update
by swamper on Wed Nov 07, 2007 4:49 pm
Follow up from this week's Tewksbury Advocate:
EPA sets plan for Sutton Brook
By Chloe Gotsis, Staff Writer
Wed Nov 07, 2007, 09:41 AM EST
Tewksbury -
Tewksbury residents are now one step closer to a contamination-free life, after the Environmental Protection Agency announced a finalized cleanup plan last month for the 50-acre landfill known as the Sutton Brook Disposal Area.
While the EPA has yet to announce a date for the when the remediation clean-up process will break ground on the superfund site now known as the Sutton Brook Disposal Area, residents still see the Oct. 18 release of the cleanup plan as a mile-stone in their decade long fight to get the land cleaned up.
Despite the release of the cleanup plan and the Record of Decision issued by the EPA in September, EPA spokesman Sarah White said a work plan and strategy have yet to be decided, making it hard to determine when construction can begin.
Officials have slated the beginning of the cleaning process for the superfund site, which is located on approximately 100 acres of land neighboring a piggery, greenhouses, stables, wetlands and residences in the South Street area and bordering Wilmington, to take anywhere from two to five years.
“My sense of timeframe is that it could two years or it could be four or five,†said Tewksbury selectmen’s chairman Jerry Selissen. “It’s kind of up in the air.â€
Selissen added he and fellow Selectman Anne Marie Stronach attempted to get a timeframe from the EPA when they held a public informational meeting on July 18 at the Tewksbury Public Library.
The plan is estimated to cost a total of $29.98 million to the numerous parties held responsible for the contamination.
Waste disposal has occurred for over half a century on the land, which was originally designated by the Tewksbury Board of Health as a temporary disposal area. The site continued to receive municipal, commercial and industrial waste from both inside and outside Tewksbury’s borders until 1988. According to the EPA, however, this was in violation of a 1961 assignment mandating that the landfill on the site be used as a sanitary landfill containing municipal refuse solely from Tewksbury. The violations caused the owners to receive numerous citations.
Despite numerous violations and a closure order from the state the landfill continued to accept waste until 1988 according to documents from the EPA.
Town officials have these actions by the town and their ineffectiveness in preventing the buildup of waste in the 1950s and 1970s that have left the town open for liability and a label as a primary responsible party.
Town Manager David Cressman said at the July 17 Board of Selectmen meeting said the “town’s liability has already been higher than anticipated.â€
Cressman said on Monday that currently the EPA has determined there are 25 potential responsible parties (PRPs) who will fund the cleanup.
The EPA reached an agreement in February 2004 with the 25 PRPs including transporters, generators, large and small businesses that participated in the dumping in the landfill, to conduct the remedial investigation and feasibility at the site.
Currently the town is fighting their label as a PRP on the basis that municipalities are generally not deemed PRPs.
Stronach said while the town officials remain battling with their category label, they are unsure how much of the hefty $29.98 million price tag is divvied to them.
“[The question is] who are the heavy hitters that are going to have to pay it,†said Stronach.
While the cleanup plan including — consolidating of excavated soils and sediments, construction of a multi-layer cap over both landfill lobes, long-term groundwater, surface water and sediment monitoring- the residents still have one major concern — the truck traffic and access to the superfund site while the cleanup process occurs.
“The only two ways to get in would be to come in through Wilmington down South Street or Shawsheen to South Street,†said Selissen. “Especially with what’s going on with Simon [and the I-93 development], we hope that by the time this gets involved they may be in agreement with Simon. That’s what our hope is. A lot of it we realize relies on timing. Right now the way it looks I think the timing will play out OK.â€
State Sen. Susan Tucker said she will do anything in her power to make this process as painless for residents as possible.
“This has been an ongoing nightmare for Tewksbury for as long as I have represented the town,†said Tucker. “I am ready to help in any way. I think the residents will be ready in any way to get this chapter behind them and get that cleaned up.â€
EPA sets plan for Sutton Brook
By Chloe Gotsis, Staff Writer
Wed Nov 07, 2007, 09:41 AM EST
Tewksbury -
Tewksbury residents are now one step closer to a contamination-free life, after the Environmental Protection Agency announced a finalized cleanup plan last month for the 50-acre landfill known as the Sutton Brook Disposal Area.
While the EPA has yet to announce a date for the when the remediation clean-up process will break ground on the superfund site now known as the Sutton Brook Disposal Area, residents still see the Oct. 18 release of the cleanup plan as a mile-stone in their decade long fight to get the land cleaned up.
Despite the release of the cleanup plan and the Record of Decision issued by the EPA in September, EPA spokesman Sarah White said a work plan and strategy have yet to be decided, making it hard to determine when construction can begin.
Officials have slated the beginning of the cleaning process for the superfund site, which is located on approximately 100 acres of land neighboring a piggery, greenhouses, stables, wetlands and residences in the South Street area and bordering Wilmington, to take anywhere from two to five years.
“My sense of timeframe is that it could two years or it could be four or five,†said Tewksbury selectmen’s chairman Jerry Selissen. “It’s kind of up in the air.â€
Selissen added he and fellow Selectman Anne Marie Stronach attempted to get a timeframe from the EPA when they held a public informational meeting on July 18 at the Tewksbury Public Library.
The plan is estimated to cost a total of $29.98 million to the numerous parties held responsible for the contamination.
Waste disposal has occurred for over half a century on the land, which was originally designated by the Tewksbury Board of Health as a temporary disposal area. The site continued to receive municipal, commercial and industrial waste from both inside and outside Tewksbury’s borders until 1988. According to the EPA, however, this was in violation of a 1961 assignment mandating that the landfill on the site be used as a sanitary landfill containing municipal refuse solely from Tewksbury. The violations caused the owners to receive numerous citations.
Despite numerous violations and a closure order from the state the landfill continued to accept waste until 1988 according to documents from the EPA.
Town officials have these actions by the town and their ineffectiveness in preventing the buildup of waste in the 1950s and 1970s that have left the town open for liability and a label as a primary responsible party.
Town Manager David Cressman said at the July 17 Board of Selectmen meeting said the “town’s liability has already been higher than anticipated.â€
Cressman said on Monday that currently the EPA has determined there are 25 potential responsible parties (PRPs) who will fund the cleanup.
The EPA reached an agreement in February 2004 with the 25 PRPs including transporters, generators, large and small businesses that participated in the dumping in the landfill, to conduct the remedial investigation and feasibility at the site.
Currently the town is fighting their label as a PRP on the basis that municipalities are generally not deemed PRPs.
Stronach said while the town officials remain battling with their category label, they are unsure how much of the hefty $29.98 million price tag is divvied to them.
“[The question is] who are the heavy hitters that are going to have to pay it,†said Stronach.
While the cleanup plan including — consolidating of excavated soils and sediments, construction of a multi-layer cap over both landfill lobes, long-term groundwater, surface water and sediment monitoring- the residents still have one major concern — the truck traffic and access to the superfund site while the cleanup process occurs.
“The only two ways to get in would be to come in through Wilmington down South Street or Shawsheen to South Street,†said Selissen. “Especially with what’s going on with Simon [and the I-93 development], we hope that by the time this gets involved they may be in agreement with Simon. That’s what our hope is. A lot of it we realize relies on timing. Right now the way it looks I think the timing will play out OK.â€
State Sen. Susan Tucker said she will do anything in her power to make this process as painless for residents as possible.
“This has been an ongoing nightmare for Tewksbury for as long as I have represented the town,†said Tucker. “I am ready to help in any way. I think the residents will be ready in any way to get this chapter behind them and get that cleaned up.â€
-
swamper - Posts: 4963
- Joined: Sat May 06, 2000 1:01 am
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Re: Sutton Brook Superfund Site Remedial Update
by Harry on Tue Dec 22, 2009 5:31 pm
20 companies for AT LEAST 30 Million and Tewksbury is a principal party so one wonders what are bill will be? At least a Million and perhaps more.
http://www.lowellsun.com/breakingnews/ci_14050095
http://www.lowellsun.com/breakingnews/ci_14050095
Experience hath shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
Thomas Jefferson
Thomas Jefferson
- Harry
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- Joined: Sun Dec 08, 2002 2:01 am
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Re: Sutton Brook Superfund Site Remedial Update
by dougsears on Wed Dec 23, 2009 12:05 pm
EPA: $30M settlement at Rocco's 48 companies, town of Tewksbury agree to share in toxic dump's cleanup cost
By John Collins, jcollins@lowellsun.com
Updated: 12/23/2009 07:02:18 AM EST
TEWKSBURY -- Fifty-two years after selectmen first approved use of the Rocco family's 40-acre parcel on South Street as a town dump, 49 potentially responsible parties have agreed to pay more than $30 million to clean up the toxic site it became, state and federal agencies announced yesterday.
The signed agreement, which was lodged in federal court in Boston by the Justice Department, U.S. Environmental Protection Agency and Massachusetts Department of Environmental Protection, requires the town of Tewksbury and 19 companies to pay cash for, and actively participate in, the cleanup and capping of the so-called Sutton Brook Disposal Area Superfund Site, also known as "Rocco's landfill."
The deal also calls for the treatment of contaminated groundwater, Mass. DEP General Counsel Margaret Stolfa told The Sun.
Another 29 partially liable defendants agreed to pay cash toward the cleanup, she said.
"The settlement requires a site cleanup that will be protective of the surrounding community, requires payment of compensation for the commonwealth's response costs and for damages to natural resources, and assessment and voluntary reduction of greenhouse gas emissions resulting from this cleanup work," said Stolfa.
On top of the $29.9 million cleanup plan, which was originally drafted in 2007, the settlement requires the 49 defendants to share in a $1.65 million payment to the U.S. Fish and Wildlife Service and the state for natural resource damages.
The settlement does not include compensation to neighbors whose health might have been adversely affected by the dump.
"I really think I should've been able to have this house bought and be relocated because I've had more damage than anybody, and I can't sell it in good conscience," said Bemis Circle resident Judy Fittery, who lives on the other side of Sutton Brook, about 100 yards from the site. Fittery believes the high incidence of cancers and diseases that she, family members, neighbors and her pets have suffered in the past three decades is directly related to the proximity to Rocco's.
In 1990, Fittery, now 65, founded the citizens group TOXIC (Townspeople Organized Against Illness and Contamination) to lobby state and town officials to fence in and clean up the landfill. She also fought to have Rocco's placed on the federal Superfund cleanup list, as was done in 2001 with help from then-Gov. Paul Cellucci.
Fittery said she was disappointed that nobody from the EPA called to inform her about the news of the $30 million settlement.
"It doesn't mean it's going to be cleaned up tomorrow," said Fittery. "I just hope that the EPA's going to keep a good watch on the work that's being done to make sure it's done right."
The 20 parties that were named as participants in the actual cleanup are: Ausimont Industries Inc.; BASF Corp.; Boston and Maine Corp.; Browning-Ferris Industries Inc.; Allied Waste Systems Inc.; BFI Waste Systems of North America LLC; BTU International Inc.; E.I. DuPont De Nemours and Co.; Honeywell International Inc.; Mallinckrodt LLC; M/A-COM Inc.; Raytheon Co.; Sears, Roebuck and Co.; Textron Systems Corp.; town of Tewksbury, Verizon New England Inc.; Waste Management of Massachusetts Inc.; Waste Management Disposal Services of Massachusetts Inc.; Waste Management of New Hampshire Inc.; and Zeneca, Inc.
Tewksbury Selectmen Chairman Todd Johnson and Vice Chairwoman Anne Marie Stronach could not be reached for comment last night.
Until approximately 1988, the Rocco's landfill accepted municipal, commercial and industrial waste from both inside and outside of Tewksbury, including unknown quantities of hazardous substances. The site was listed on EPA National Priorities (Superfund) List in 2001 after state and federal site investigations revealed the presence of volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs), pesticides, polychlorinated biphenyls and inorganic substances in the soil, groundwater, surface water, sediments and air samples on and off-site.
By John Collins, jcollins@lowellsun.com
Updated: 12/23/2009 07:02:18 AM EST
TEWKSBURY -- Fifty-two years after selectmen first approved use of the Rocco family's 40-acre parcel on South Street as a town dump, 49 potentially responsible parties have agreed to pay more than $30 million to clean up the toxic site it became, state and federal agencies announced yesterday.
The signed agreement, which was lodged in federal court in Boston by the Justice Department, U.S. Environmental Protection Agency and Massachusetts Department of Environmental Protection, requires the town of Tewksbury and 19 companies to pay cash for, and actively participate in, the cleanup and capping of the so-called Sutton Brook Disposal Area Superfund Site, also known as "Rocco's landfill."
The deal also calls for the treatment of contaminated groundwater, Mass. DEP General Counsel Margaret Stolfa told The Sun.
Another 29 partially liable defendants agreed to pay cash toward the cleanup, she said.
"The settlement requires a site cleanup that will be protective of the surrounding community, requires payment of compensation for the commonwealth's response costs and for damages to natural resources, and assessment and voluntary reduction of greenhouse gas emissions resulting from this cleanup work," said Stolfa.
On top of the $29.9 million cleanup plan, which was originally drafted in 2007, the settlement requires the 49 defendants to share in a $1.65 million payment to the U.S. Fish and Wildlife Service and the state for natural resource damages.
The settlement does not include compensation to neighbors whose health might have been adversely affected by the dump.
"I really think I should've been able to have this house bought and be relocated because I've had more damage than anybody, and I can't sell it in good conscience," said Bemis Circle resident Judy Fittery, who lives on the other side of Sutton Brook, about 100 yards from the site. Fittery believes the high incidence of cancers and diseases that she, family members, neighbors and her pets have suffered in the past three decades is directly related to the proximity to Rocco's.
In 1990, Fittery, now 65, founded the citizens group TOXIC (Townspeople Organized Against Illness and Contamination) to lobby state and town officials to fence in and clean up the landfill. She also fought to have Rocco's placed on the federal Superfund cleanup list, as was done in 2001 with help from then-Gov. Paul Cellucci.
Fittery said she was disappointed that nobody from the EPA called to inform her about the news of the $30 million settlement.
"It doesn't mean it's going to be cleaned up tomorrow," said Fittery. "I just hope that the EPA's going to keep a good watch on the work that's being done to make sure it's done right."
The 20 parties that were named as participants in the actual cleanup are: Ausimont Industries Inc.; BASF Corp.; Boston and Maine Corp.; Browning-Ferris Industries Inc.; Allied Waste Systems Inc.; BFI Waste Systems of North America LLC; BTU International Inc.; E.I. DuPont De Nemours and Co.; Honeywell International Inc.; Mallinckrodt LLC; M/A-COM Inc.; Raytheon Co.; Sears, Roebuck and Co.; Textron Systems Corp.; town of Tewksbury, Verizon New England Inc.; Waste Management of Massachusetts Inc.; Waste Management Disposal Services of Massachusetts Inc.; Waste Management of New Hampshire Inc.; and Zeneca, Inc.
Tewksbury Selectmen Chairman Todd Johnson and Vice Chairwoman Anne Marie Stronach could not be reached for comment last night.
Until approximately 1988, the Rocco's landfill accepted municipal, commercial and industrial waste from both inside and outside of Tewksbury, including unknown quantities of hazardous substances. The site was listed on EPA National Priorities (Superfund) List in 2001 after state and federal site investigations revealed the presence of volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs), pesticides, polychlorinated biphenyls and inorganic substances in the soil, groundwater, surface water, sediments and air samples on and off-site.
- dougsears
- Posts: 1758
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Re: Sutton Brook Superfund Site Remedial Update
by Chasnbos on Thu Dec 24, 2009 5:27 pm
10M Tewksbury portion plus the settlement requires a site cleanup that will be protective of the surrounding community that requires payment of compensation for the commonwealth's response costs and for damages to natural resources, and assessment and voluntary reduction of greenhouse gas emissions resulting from this cleanup work," said Stolfa.
On top of the $29.9 million cleanup plan, which was originally drafted in 2007, the settlement requires the 49 defendants to share in a $1.65 million payment to the U.S. Fish and Wildlife Service and the state for natural resource damages.
The settlement does not include compensation to neighbors whose health might have been adversely affected by the dump
looks like another snowball
On top of the $29.9 million cleanup plan, which was originally drafted in 2007, the settlement requires the 49 defendants to share in a $1.65 million payment to the U.S. Fish and Wildlife Service and the state for natural resource damages.
The settlement does not include compensation to neighbors whose health might have been adversely affected by the dump
looks like another snowball
- Chasnbos
- Posts: 961
- Joined: Fri Sep 13, 2002 1:01 am
Re: Sutton Brook Superfund Site Remedial Update
by DavePowers on Thu Jan 28, 2010 11:52 am
http://www.env.state.ma.us/mepa/mepadoc ... /pn/11.pdf
Does it seem funny that one of the defendants is part of the Mass. Dept. of Public Health?
____________________________________________________________________________________
M.G.L. CHAPTER 21E, SECTION 3A(j)(2)
NOTICE OF SETTLEMENT FOR THE SUTTON BROOK DISPOSAL AREA FUND SITE, TEWKSBURY, MASSACHUSETTS
SETTLING DEFENDANTS
Performing Settling Defendants
Ausimont Industries, Inc., for itself and on behalf of Compo Industries, Inc., Pandel-Bradford, Inc., and Pandel, Inc.
Boston and Maine Corporation (B & M Railroad/Pan Am Railways)
Browning-Ferris Industries, Inc. and its predecessors including Barry Bros., Inc., Greenwood Disposal Company, Inc., and
Miller Disposal Services Inc.; Allied Waste Systems, Inc. and its predecessors including Reliable Rubbish Disposal, Inc.;
and BFI Waste Systems of North America, LLC
BTU International
DuPont / NE Nuclear (E.I. DuPont De Nemours and Co.)
Honeywell International, Inc.
Mallinckrodt LLC (as successor to International Minerals and Chemical Co. on behalf of its subsidiary Kingston Steel Drum Co.)
M/A-COM, Inc. (formerly known as Microwave Associates, Inc.) in its own right and on behalf of Microwave Associates
Raytheon Company
Sears, Roebuck and Co.
Textron Systems Corp./AVCO (Textron, Inc.)
Town of Tewksbury
Verizon New England, Inc. (New England Telephone Co.)
Waste Management of Massachusetts, Inc. (V. Canelas Co., Inc.); Waste Management Disposal Services of Massachusetts, Inc. (SCA
Disposal Services of New England, Inc. - Eastern Division); Waste Management of New Hampshire, Inc. (P&T Container Service Co., Inc.)
Zeneca, Inc., as successor to Polyvinyl Chemicals Inc., a/k/a Polyvinyl Chemical Industries
Cashout Settling Defendants
Emhart Industries, Inc.
Holt & Bugbee Company
New England Power Company, and Massachusetts Electric Company
RCA Corporation (Lockheed Martin Corp.)
Tewksbury State Hospital (Massachusetts Dept. of Public Health)
The Gillette Company
De Minimis Settling Defendants
3M Company (f/k/a Minnesota Mining and Manufacturing Co.)
American Science and Engineering, Inc.
Anton’s Cleaners, Inc.
Cabot Corp.
Cambridge Tool and Manufacturing Co., Inc., JapEnameLac Corp. and their successor Leggett & Platt, Incorporated
Computervision LLC
Fisons Corporation
Frank C. Meyer Corp. (Millen Industries, Inc.)
GCA Corp. (SPX Corporation)
General Latex and Chemical Corporation
Hewlett-Packard Co./Apollo Computer, Inc./Digital Equipment Corp.
Majilite Manufacturing, Inc.
Massachusetts Bay Transportation Authority
Massachusetts Institute of Technology
Schneider Automation Division of Square D Company, as successor to Modicon, Inc.
New Balance Athletic Shoe, Inc.
Piconics, Inc.
Roche Brothers Barrel and Drum Company, Inc.
The Sherwin-Williams Company
TRW Automative US LLC (as successor to Carr Fasteners)
Tutor Perini Corporation
Vishay Intertechnology, Inc. and its subsidiaries and affiliates, including Vishay BLH, Inc. (Baldwin Lima Hamilton)
W.R. Grace & Co.
Does it seem funny that one of the defendants is part of the Mass. Dept. of Public Health?
____________________________________________________________________________________
M.G.L. CHAPTER 21E, SECTION 3A(j)(2)
NOTICE OF SETTLEMENT FOR THE SUTTON BROOK DISPOSAL AREA FUND SITE, TEWKSBURY, MASSACHUSETTS
SETTLING DEFENDANTS
Performing Settling Defendants
Ausimont Industries, Inc., for itself and on behalf of Compo Industries, Inc., Pandel-Bradford, Inc., and Pandel, Inc.
Boston and Maine Corporation (B & M Railroad/Pan Am Railways)
Browning-Ferris Industries, Inc. and its predecessors including Barry Bros., Inc., Greenwood Disposal Company, Inc., and
Miller Disposal Services Inc.; Allied Waste Systems, Inc. and its predecessors including Reliable Rubbish Disposal, Inc.;
and BFI Waste Systems of North America, LLC
BTU International
DuPont / NE Nuclear (E.I. DuPont De Nemours and Co.)
Honeywell International, Inc.
Mallinckrodt LLC (as successor to International Minerals and Chemical Co. on behalf of its subsidiary Kingston Steel Drum Co.)
M/A-COM, Inc. (formerly known as Microwave Associates, Inc.) in its own right and on behalf of Microwave Associates
Raytheon Company
Sears, Roebuck and Co.
Textron Systems Corp./AVCO (Textron, Inc.)
Town of Tewksbury
Verizon New England, Inc. (New England Telephone Co.)
Waste Management of Massachusetts, Inc. (V. Canelas Co., Inc.); Waste Management Disposal Services of Massachusetts, Inc. (SCA
Disposal Services of New England, Inc. - Eastern Division); Waste Management of New Hampshire, Inc. (P&T Container Service Co., Inc.)
Zeneca, Inc., as successor to Polyvinyl Chemicals Inc., a/k/a Polyvinyl Chemical Industries
Cashout Settling Defendants
Emhart Industries, Inc.
Holt & Bugbee Company
New England Power Company, and Massachusetts Electric Company
RCA Corporation (Lockheed Martin Corp.)
Tewksbury State Hospital (Massachusetts Dept. of Public Health)
The Gillette Company
De Minimis Settling Defendants
3M Company (f/k/a Minnesota Mining and Manufacturing Co.)
American Science and Engineering, Inc.
Anton’s Cleaners, Inc.
Cabot Corp.
Cambridge Tool and Manufacturing Co., Inc., JapEnameLac Corp. and their successor Leggett & Platt, Incorporated
Computervision LLC
Fisons Corporation
Frank C. Meyer Corp. (Millen Industries, Inc.)
GCA Corp. (SPX Corporation)
General Latex and Chemical Corporation
Hewlett-Packard Co./Apollo Computer, Inc./Digital Equipment Corp.
Majilite Manufacturing, Inc.
Massachusetts Bay Transportation Authority
Massachusetts Institute of Technology
Schneider Automation Division of Square D Company, as successor to Modicon, Inc.
New Balance Athletic Shoe, Inc.
Piconics, Inc.
Roche Brothers Barrel and Drum Company, Inc.
The Sherwin-Williams Company
TRW Automative US LLC (as successor to Carr Fasteners)
Tutor Perini Corporation
Vishay Intertechnology, Inc. and its subsidiaries and affiliates, including Vishay BLH, Inc. (Baldwin Lima Hamilton)
W.R. Grace & Co.
- DavePowers
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- Joined: Wed Mar 29, 2006 2:01 am
- Location: Tewksbury, MA
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