administrative settlement agreement and ... 1-88-1020 first street bridgewater, massachusetts...
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY . _ . REGION I Si»r*rfHnd Records renter
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performance of a certain removal action at a Superfjnd Site formerly
operated by the Cannons Engineering Corporation (CEC) in Bridgewater,
Massachusetts (the Site).
This Consent Order is issued pursuant to the authority vested in
the President of the United States by Section 106(a) of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCLA), 42 U.S.C. $ 9606(A) as amended, and delegated to
the Regional Administrator, EPA Region I by EPA delegation No. 14-14
A, signed en April 16, 1984. Without admitting liability or the
accuracy of any factual allegations or determinations set forth
nerein, Respondents agree to undertake all actions required by the
terr.s cf this Conser.t Order. Moreover, Respondents agree and submit
to the jurisdiction asserted in this Consent Order for the purpose of
any subcerruor.t proc-.-v;ir.gs for the implementation or enforcement of
this Censer.:: Order J.-.G furtr.er agree not to contest this jurisdiction
:n such prcceedir.es.
II. PARTIES BOUND
2. This Consent Order shall apply to and be binding upcn the
a. The United States Environmental Protection Agency and
b. Each Respondent, its agents, employees, representatives,
contractors, consultants, successors, and assigns.
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3. Any change or changes in the ownership or corporate status
of a Respondent shall in no way alter that Respondent's
responsibilities under this Consent Order. Each Respondent shall
provide a copy of this Consent Order to any subsequent owners or
4. Respondents shall provide a copy of this Consent Order to
all contractors, subcontractors, laboratories, and consultants
retained to conduct any portion of the work performed pursuant to
this Ccnsent Order within seven (7) days of the effective date of
this Consent Order or the date of such retention. Any reference
r.erein to the Consent Order shall mean the Consent Order and the Work
Plan annexed hereto as Attachment A, as either nay be > r.er.ced from
'.: me t z *: : me hereafter.
:::. STATEMENT OF PURPOSE
5. In enter ir.s .:-.*_ o this Consent Order, the mutual cbjectives
::" UFA -r.d P.espcr.cc-;-.•..; ire • r.e removal of the hazarcru^ ;uostances,
pollutants, or centum. :..i:-.t5 from the Bridgewater, Massachusetts site
and the prevention cr mitigation of the migration off-site, or the
release of hazardous substances, pollutants, or contaminants from the
site in accordance with Attachment A. The activities conducted
pursuant to this Consent Order are subject to approval by EPA and
shall be performed consistent with the National Oil and Hazardous
Materials Contingency Plan (NCP), 40 C.F.R. Part 300, 50 Fed. Reg.
47912 (November 20, 1985), effective February 18, 1986.
IV. STATEMENT OF FACTS
6. The Cannons Engineering Corporation Bridgewater Site
consists of approximately 4 acres of land located in the Bridgewater
Industrial Park in the western part of the Town of Bridgewater,
Plymouth County, Massachusetts. The site is bordered to the north
and south by lots owned by the Bridgewater Industrial Park Inc., to.
the west by Route 24, and to the east by First Street.
7. The site consists of the following facilities: the Tank
Farm Building containing 11 tanks with total storage capacity of
approximately 165,000 gallons, the Ready Building (used to store the
waste before processing in the incinerator) containing four tanks
with a total storace capacity of approximately 50,000 gallons, the
Ir.cir.Tatcr Buildir.c ar.c adjacent fuel tank, the Equipment Building
cor.'.ainir.g the CIC ljocrjt»ry and other facilities, two box trailers
contain ir.a Anchor 7an< Lir. ir.a Inc. materials, three tankers, two of
wnicr. contain waste ". iquics, an office trailer, five grouped 30,000
sailzr. outdoor above- -rc--.d ',inks, underground storage tar.-.s ar.c a
sept:c system, an ur.cc: crounc storm drain system and an underground
drainage sump, and otr.er above ground debris.
8. CEC purchased the property in 1974. During the period from
1974 to 1980, CEC constructed and operated the facility to handle,
store, and incinerate chemical wastes. In 1978 and 1979, CEC applied
for and received a license from the Massachusetts Department of
Environmental Quality Engineering (DEQE) to operate a Hazardous Waste
Collection and Disposal Facility. In June, 1980, CEC's 1979 hazardous
waste license was revoked by the Massachusetts Executive Office of
Environmental Affairs for hazardous waste reporting violations.
Following revocation of CEC's license, the court appointed a Special
Receiver to oversee the operations at the facility. Because of
financial and legal difficulties, CEC was unable to continue
incinerating the remaining chemical wastes stored on site. On
November 28, 1980, CEC stopped all operations at the site.
9. An EPA investigation at the site in July, 1987, found Picric
Acid and Sodium Azide present on the site. Both are shock sensitive
materials and presented an explosion hazard.
10. laboratory reager.ts stored in bottles on shelves inside the
laboratory inside the Equipment Building include toxic substances
(carbon tetrachlor:ce), acids (nitric acid), oxidizers (sodium
perci-.lcrate), cyanide ccr.pc-r.ds (sodium cyanide) and f lamables
(toljcnc). Waste car.pl es -ere also stored inside the laboratory.
11. Anchor Tar.K L.r.ir.-: ir.c. brought and left en site two box
trailers c-r.cair.ir.g r. ;r.cirecs ;: five (.illon containers cf abandoned
pa:r.ts, pa::-.*, remove: ^ ar.c ctr.er tank lining material. These
joa:-.dzr.o-J -aterial-; < T.O "Ancr.»r Tank materials") were c ...eked in the
trailers . r.a precarizjs r.ar.r.er. Some containers had filler, to the
floor spilling their contents, while others showed signs cf
deterioration and lca«age.
12. Also on site are several underground tanks containing waste
materials and above ground tankers also containing waste materials.
13. Based on the results of his investigations, on July 16,
1987, EPA's On-Scene Coordinator recommended authorization of a
removal action and on this date, the Regional Administrator approved
$747,457.00 dollars to perform the removal action. On July 29, 1987,
site security was established by the presence of a 24 hour guard at
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the site. During August, a response manager and chemist under
contract with EPA arrived en site. The shock sensitive materials
were desensitized and removed from the site. The EPA contractors
assembled a decontamination area, cleared the equipment building of
miscellaneous debris, compacted together small containers into two 55
gallon drums and collected various containers and lab samples. The
containers in the Ancnor tank trailer were removed to the Equipment
building, opened and screened for compatibility.
14. A hazard exists at the site due to the presence of
chemicals abandoned in the laboratory. A threat of reaction and
release :s presented r.y =tor£ge in the laboratory of non-compatible
r'jr.pfjr.j; ojch as ac:J=, :>:icizers, cyanide ccrr.pc-r.cs and fl«r.r.ables
:n close proximity. The storage in structurally deteriorating
containers of Anchor "an-; Lining's waste materials also creates a
-r.reat :f fire and r-lc-are. An additional threat of release arises
from the sbar.dcr.mont ::-. s:~e cf other liquid wastes and waste
15. On the basis of the findings of fact and reports cited
therein, EPA has determined that:
a. Each Respondent is a "person" within the meaning of
Section 101(21) of CERCLA 42 U.S.C. 9601(21).
b. Each Respondent is a potentially responsible party with
respect to some response costs incurred in connection with the site
within the meaning of Section 107(a) of CERCLA, as amended, 42 U.S.C.
c. Many of the chemicals found on the site are "hazardous
substances" within the meaning of Section 101(14) of CERCLA, 42
d. The past, present, or potential future migration of
hazardous substances it or from the Site constitutes an actual or
substantial threat of a "release" into the "environment" as those
terns are defined in Sections 101(8) and 101(22) of CERCLA, as
e. The actu-1 releases cr threatened releases of a
naz-ror-:: .-ubstsnco frr.