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~------- 035 ~ ~middotmiddot f~~~a~J-t Jill

bull~ _L_L_ ~tlbullrl THE STATE OF NEW HMIPSHIRE

CARROLL SS SUPERIOR COURT MARCH TERM 1983

The State of New HampshHe

v

Kearsarge Metallurg1cal Corporatton James middotr Eldredge and E Brooks Moore Jr

PTITIOU POR PERMANENT INJUNCTION AND CIVIL PENALTY

I Introduction

1 Thia ia a civil action brought by the State of New

Hampahire againat kearsarge Metallurgical Corporation a new

Hampshire corporation with its principal place of busineaa on

Mill Street Conway New Hampshire James F Eldredge a

reaident of Kearsarge Street North Con~o~ay New Hampshire and

E Brookbull Moore a resident of Brownfield Road South Conway

New Babullpahire for violations of the New Hampshire Hazarcloua

waste Management Act (RSA ch 147-A) and State water pollution

laws (RSA ch 149) negligence and common law nuisance This

action seeks relief in the form of damages civil penalties

and an injunction to remedy a hazard to human health and the

environment caused by the contamination of the groundwaterbull of

the State by hazardous wastes which have been improperly

disposed of or caused to be disposed of by the Defendants on

and around property owned by the Defendant Kearsarge

Metallurgical Corporation on MiU Street Conway New Hampshire

) -2shy

I I bull t 2 The Plaintiff is the atate of Uell naupshire by and

through the Division of Public llealth services Duroau of solid

waate rtanampIJampLlent bulllnd the Uater supply and Pollution Control

cormiasion

a ~middot oivieion of Public Uealth servicea Dureau of Solid iaate nanagenent (Diviaion) ia the Gtate ampt]ency re aponoible tor the adniniatration and entorceant of the nev ua~~pahire uazardou1 waate Hanageaent Act RSA ch 147-A (formerly RSA l4748-S7)

b The water supply and Pollution Control Comoiaaion (Cotmi ssion ) ia tho State agency roaponaible tor the ad1ainist rat ion and entorcenent of State water pollution laws under RSA ch 149

3 he netendants c tearsarqe netallurgical

Corporation Jampf01 P Eldredge and E urooka lbulloore Jr

a Jteeraarge Hetallurgical Corporation ( MC) ia a new nampahire corporation with ita princi~l place of buaineaa at PO Box 2 Hill itreet conlay New RlUJpshire whore it laa en9aged in the buaineaa of r~anufacturing metal casted productbull unt 11 January of 1902

b Jaaea r Eldredge resides on roaroarge Street Box 373 north Conway tlol uampahire and is the Preaident 1 Director and a shareholder of JtHC

e E Brooks ttoore Jr resides on Drownfield noad south Conway Nel llaopshire and is the Vice President of operations Director and a shareholder of ImC

-3shy

III Factual Allegations

4 netween 1972 and 1902 KHC operated a facility on Hill

Street in conway t~ew nampahire vhere it rlanufactured metal

casted products

5 KHC has been the owner of the property on which the

facility is located since before 1972

6 In January of 1902 YMC ceasetl operations a t ita Hill

Street facility aa a result of the forecloaure of a aortgaqe on

tho facility

7 KI4Ca Conway ueu Hampshire facility consists of two

buildings located on an irregularly shaped parcel of l and

approximately 325 acres in sie owned by KUC and doaiqnated

aa Lot nunber on Tax nap NUJJber 27 in the tax recorda for the

Town of conway aid property abuta Pequawket Pond a surface

water of the state

8 IU4C a industrial process consisted of r~oldinCJ oetal

parts from liampX patterns which were dipped with 111

trichloroethane to clean a nd etch the surfaces of the w01x ao

that layers of ceraaic rold aater1a1s would ad~tere to the

patterns nes1dua1 ar~ounts of 1 11 trichloroethane were

rer~oved fror~ the lax patterns by dippin~J ther~ in an isopropyl

alcohol solution After the foraation of certain typeo of

ceraoic aolda frorn the wax patterns steat1 or hydrochloric acid

I I I

~illw I rrl 1middot1f fl

I

lietal alloys

then poured

the final metal protlucts ihe

treatmenta

the castings and put

cheaical

(aodiutt hydroxide) to

and a

tiniohed

the processes described in Paraqraph 8

concentrat iona of

and sodium

generated by 1UC have

by the Division

147-AJ II

the united States

in rules procull]atell in

He-P 1905 as EPA

I I

I I

Jill =tl rrbull ( fl III

-4shy

was used to dissolve the wax fror~ the oolds

containinq chrociu11 and other constituents uore

into the ceralolic molds to form

final lietal products utulervent a series of chenical

to clean the products detect Uavs in

finAl tiniahing surfaces on the products These

treataenta eD(iloyed s olten caustic soda

reraove excess ceramic 110ld rutterial from the products

hydrochloric acid to preclean the Detal products after

amdblallting and prior to inspection tor f laws

nitrichydrofluor1c acid mixture for picklincJ steel J

p-oducts

9 AI a result of

JU4C 9onerated chemical wastes containing high

111 trichloroethana chromiuc hydrochloric acid

nitrichydrofluoric acid isopropyl alcohol

hydroxide

10 The following cheaical wastes

been listed and identified as hazardous wastes

in rules pronulgated in accordance with RSA

(formerly RSA l4750I(e)) and by

nvirongental Protection Agency (EPA)

accorllance with 42 u s c G92l

11 111 trichloroethane a spent halogenated solvent listed at App III at III-1 and identified Hazardouo Haste uutabe r F002

-5shy

b spent pickle liquor tro111 steel finiJhing operations containing chror~ium and nitrichyclrotluoric acid listed at lle-P 1905 App IV at IV-7 and idontUied as EPA uazardous l~aate IIUJJber tt062

ll he chemical waatoa ~Jeneratod by IU1C also include

a Isopropyl alcohol uhich is a hazardous laate u ithin the r~eaning ot RSA 147-A2 VII (torrunly nsA 14749V) because it aatiatiea tho criteria tor ignitability ootablioheU by the Divi sion at uep l905 D3(c)(l) in that it h a liquid other than an aqueoua aolut ion containin9 looa than 24 percent alcohol by voluca and has a flash point of leas than Gooc

b Hydrochloric acid uhich is a hazardous laste within the teaning of nsA l47-A2VII (fornerly RSA l4749V) because it satistieo the criteria for corroaivity established by the Division at lle-P l~0503(c)(21 in that it is a liquid ubich corrodebull steel at a rate opound-grttater than 6 JS tu1 per year at a teat teDperature of ssoc or it ia an aqueoua solution ilnd has a pll of less than or equal to 2 0

12 The chemical was tea described in Paragraphs 10 and 11

are hazardoua laates within the meaning of RSA 147-A2 VU

(forJ~erly RSA 147 49V ) i n that they contribute to an increase

in cortality or irreversible or incapacitating reversible

illness and which pose a present or potential threat to huoan

health and the environrtent when inproperly diapooed of or

otherwise mismanaged

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

) -2shy

I I bull t 2 The Plaintiff is the atate of Uell naupshire by and

through the Division of Public llealth services Duroau of solid

waate rtanampIJampLlent bulllnd the Uater supply and Pollution Control

cormiasion

a ~middot oivieion of Public Uealth servicea Dureau of Solid iaate nanagenent (Diviaion) ia the Gtate ampt]ency re aponoible tor the adniniatration and entorceant of the nev ua~~pahire uazardou1 waate Hanageaent Act RSA ch 147-A (formerly RSA l4748-S7)

b The water supply and Pollution Control Comoiaaion (Cotmi ssion ) ia tho State agency roaponaible tor the ad1ainist rat ion and entorcenent of State water pollution laws under RSA ch 149

3 he netendants c tearsarqe netallurgical

Corporation Jampf01 P Eldredge and E urooka lbulloore Jr

a Jteeraarge Hetallurgical Corporation ( MC) ia a new nampahire corporation with ita princi~l place of buaineaa at PO Box 2 Hill itreet conlay New RlUJpshire whore it laa en9aged in the buaineaa of r~anufacturing metal casted productbull unt 11 January of 1902

b Jaaea r Eldredge resides on roaroarge Street Box 373 north Conway tlol uampahire and is the Preaident 1 Director and a shareholder of JtHC

e E Brooks ttoore Jr resides on Drownfield noad south Conway Nel llaopshire and is the Vice President of operations Director and a shareholder of ImC

-3shy

III Factual Allegations

4 netween 1972 and 1902 KHC operated a facility on Hill

Street in conway t~ew nampahire vhere it rlanufactured metal

casted products

5 KHC has been the owner of the property on which the

facility is located since before 1972

6 In January of 1902 YMC ceasetl operations a t ita Hill

Street facility aa a result of the forecloaure of a aortgaqe on

tho facility

7 KI4Ca Conway ueu Hampshire facility consists of two

buildings located on an irregularly shaped parcel of l and

approximately 325 acres in sie owned by KUC and doaiqnated

aa Lot nunber on Tax nap NUJJber 27 in the tax recorda for the

Town of conway aid property abuta Pequawket Pond a surface

water of the state

8 IU4C a industrial process consisted of r~oldinCJ oetal

parts from liampX patterns which were dipped with 111

trichloroethane to clean a nd etch the surfaces of the w01x ao

that layers of ceraaic rold aater1a1s would ad~tere to the

patterns nes1dua1 ar~ounts of 1 11 trichloroethane were

rer~oved fror~ the lax patterns by dippin~J ther~ in an isopropyl

alcohol solution After the foraation of certain typeo of

ceraoic aolda frorn the wax patterns steat1 or hydrochloric acid

I I I

~illw I rrl 1middot1f fl

I

lietal alloys

then poured

the final metal protlucts ihe

treatmenta

the castings and put

cheaical

(aodiutt hydroxide) to

and a

tiniohed

the processes described in Paraqraph 8

concentrat iona of

and sodium

generated by 1UC have

by the Division

147-AJ II

the united States

in rules procull]atell in

He-P 1905 as EPA

I I

I I

Jill =tl rrbull ( fl III

-4shy

was used to dissolve the wax fror~ the oolds

containinq chrociu11 and other constituents uore

into the ceralolic molds to form

final lietal products utulervent a series of chenical

to clean the products detect Uavs in

finAl tiniahing surfaces on the products These

treataenta eD(iloyed s olten caustic soda

reraove excess ceramic 110ld rutterial from the products

hydrochloric acid to preclean the Detal products after

amdblallting and prior to inspection tor f laws

nitrichydrofluor1c acid mixture for picklincJ steel J

p-oducts

9 AI a result of

JU4C 9onerated chemical wastes containing high

111 trichloroethana chromiuc hydrochloric acid

nitrichydrofluoric acid isopropyl alcohol

hydroxide

10 The following cheaical wastes

been listed and identified as hazardous wastes

in rules pronulgated in accordance with RSA

(formerly RSA l4750I(e)) and by

nvirongental Protection Agency (EPA)

accorllance with 42 u s c G92l

11 111 trichloroethane a spent halogenated solvent listed at App III at III-1 and identified Hazardouo Haste uutabe r F002

-5shy

b spent pickle liquor tro111 steel finiJhing operations containing chror~ium and nitrichyclrotluoric acid listed at lle-P 1905 App IV at IV-7 and idontUied as EPA uazardous l~aate IIUJJber tt062

ll he chemical waatoa ~Jeneratod by IU1C also include

a Isopropyl alcohol uhich is a hazardous laate u ithin the r~eaning ot RSA 147-A2 VII (torrunly nsA 14749V) because it aatiatiea tho criteria tor ignitability ootablioheU by the Divi sion at uep l905 D3(c)(l) in that it h a liquid other than an aqueoua aolut ion containin9 looa than 24 percent alcohol by voluca and has a flash point of leas than Gooc

b Hydrochloric acid uhich is a hazardous laste within the teaning of nsA l47-A2VII (fornerly RSA l4749V) because it satistieo the criteria for corroaivity established by the Division at lle-P l~0503(c)(21 in that it is a liquid ubich corrodebull steel at a rate opound-grttater than 6 JS tu1 per year at a teat teDperature of ssoc or it ia an aqueoua solution ilnd has a pll of less than or equal to 2 0

12 The chemical was tea described in Paragraphs 10 and 11

are hazardoua laates within the meaning of RSA 147-A2 VU

(forJ~erly RSA 147 49V ) i n that they contribute to an increase

in cortality or irreversible or incapacitating reversible

illness and which pose a present or potential threat to huoan

health and the environrtent when inproperly diapooed of or

otherwise mismanaged

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

-3shy

III Factual Allegations

4 netween 1972 and 1902 KHC operated a facility on Hill

Street in conway t~ew nampahire vhere it rlanufactured metal

casted products

5 KHC has been the owner of the property on which the

facility is located since before 1972

6 In January of 1902 YMC ceasetl operations a t ita Hill

Street facility aa a result of the forecloaure of a aortgaqe on

tho facility

7 KI4Ca Conway ueu Hampshire facility consists of two

buildings located on an irregularly shaped parcel of l and

approximately 325 acres in sie owned by KUC and doaiqnated

aa Lot nunber on Tax nap NUJJber 27 in the tax recorda for the

Town of conway aid property abuta Pequawket Pond a surface

water of the state

8 IU4C a industrial process consisted of r~oldinCJ oetal

parts from liampX patterns which were dipped with 111

trichloroethane to clean a nd etch the surfaces of the w01x ao

that layers of ceraaic rold aater1a1s would ad~tere to the

patterns nes1dua1 ar~ounts of 1 11 trichloroethane were

rer~oved fror~ the lax patterns by dippin~J ther~ in an isopropyl

alcohol solution After the foraation of certain typeo of

ceraoic aolda frorn the wax patterns steat1 or hydrochloric acid

I I I

~illw I rrl 1middot1f fl

I

lietal alloys

then poured

the final metal protlucts ihe

treatmenta

the castings and put

cheaical

(aodiutt hydroxide) to

and a

tiniohed

the processes described in Paraqraph 8

concentrat iona of

and sodium

generated by 1UC have

by the Division

147-AJ II

the united States

in rules procull]atell in

He-P 1905 as EPA

I I

I I

Jill =tl rrbull ( fl III

-4shy

was used to dissolve the wax fror~ the oolds

containinq chrociu11 and other constituents uore

into the ceralolic molds to form

final lietal products utulervent a series of chenical

to clean the products detect Uavs in

finAl tiniahing surfaces on the products These

treataenta eD(iloyed s olten caustic soda

reraove excess ceramic 110ld rutterial from the products

hydrochloric acid to preclean the Detal products after

amdblallting and prior to inspection tor f laws

nitrichydrofluor1c acid mixture for picklincJ steel J

p-oducts

9 AI a result of

JU4C 9onerated chemical wastes containing high

111 trichloroethana chromiuc hydrochloric acid

nitrichydrofluoric acid isopropyl alcohol

hydroxide

10 The following cheaical wastes

been listed and identified as hazardous wastes

in rules pronulgated in accordance with RSA

(formerly RSA l4750I(e)) and by

nvirongental Protection Agency (EPA)

accorllance with 42 u s c G92l

11 111 trichloroethane a spent halogenated solvent listed at App III at III-1 and identified Hazardouo Haste uutabe r F002

-5shy

b spent pickle liquor tro111 steel finiJhing operations containing chror~ium and nitrichyclrotluoric acid listed at lle-P 1905 App IV at IV-7 and idontUied as EPA uazardous l~aate IIUJJber tt062

ll he chemical waatoa ~Jeneratod by IU1C also include

a Isopropyl alcohol uhich is a hazardous laate u ithin the r~eaning ot RSA 147-A2 VII (torrunly nsA 14749V) because it aatiatiea tho criteria tor ignitability ootablioheU by the Divi sion at uep l905 D3(c)(l) in that it h a liquid other than an aqueoua aolut ion containin9 looa than 24 percent alcohol by voluca and has a flash point of leas than Gooc

b Hydrochloric acid uhich is a hazardous laste within the teaning of nsA l47-A2VII (fornerly RSA l4749V) because it satistieo the criteria for corroaivity established by the Division at lle-P l~0503(c)(21 in that it is a liquid ubich corrodebull steel at a rate opound-grttater than 6 JS tu1 per year at a teat teDperature of ssoc or it ia an aqueoua solution ilnd has a pll of less than or equal to 2 0

12 The chemical was tea described in Paragraphs 10 and 11

are hazardoua laates within the meaning of RSA 147-A2 VU

(forJ~erly RSA 147 49V ) i n that they contribute to an increase

in cortality or irreversible or incapacitating reversible

illness and which pose a present or potential threat to huoan

health and the environrtent when inproperly diapooed of or

otherwise mismanaged

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

lietal alloys

then poured

the final metal protlucts ihe

treatmenta

the castings and put

cheaical

(aodiutt hydroxide) to

and a

tiniohed

the processes described in Paraqraph 8

concentrat iona of

and sodium

generated by 1UC have

by the Division

147-AJ II

the united States

in rules procull]atell in

He-P 1905 as EPA

I I

I I

Jill =tl rrbull ( fl III

-4shy

was used to dissolve the wax fror~ the oolds

containinq chrociu11 and other constituents uore

into the ceralolic molds to form

final lietal products utulervent a series of chenical

to clean the products detect Uavs in

finAl tiniahing surfaces on the products These

treataenta eD(iloyed s olten caustic soda

reraove excess ceramic 110ld rutterial from the products

hydrochloric acid to preclean the Detal products after

amdblallting and prior to inspection tor f laws

nitrichydrofluor1c acid mixture for picklincJ steel J

p-oducts

9 AI a result of

JU4C 9onerated chemical wastes containing high

111 trichloroethana chromiuc hydrochloric acid

nitrichydrofluoric acid isopropyl alcohol

hydroxide

10 The following cheaical wastes

been listed and identified as hazardous wastes

in rules pronulgated in accordance with RSA

(formerly RSA l4750I(e)) and by

nvirongental Protection Agency (EPA)

accorllance with 42 u s c G92l

11 111 trichloroethane a spent halogenated solvent listed at App III at III-1 and identified Hazardouo Haste uutabe r F002

-5shy

b spent pickle liquor tro111 steel finiJhing operations containing chror~ium and nitrichyclrotluoric acid listed at lle-P 1905 App IV at IV-7 and idontUied as EPA uazardous l~aate IIUJJber tt062

ll he chemical waatoa ~Jeneratod by IU1C also include

a Isopropyl alcohol uhich is a hazardous laate u ithin the r~eaning ot RSA 147-A2 VII (torrunly nsA 14749V) because it aatiatiea tho criteria tor ignitability ootablioheU by the Divi sion at uep l905 D3(c)(l) in that it h a liquid other than an aqueoua aolut ion containin9 looa than 24 percent alcohol by voluca and has a flash point of leas than Gooc

b Hydrochloric acid uhich is a hazardous laste within the teaning of nsA l47-A2VII (fornerly RSA l4749V) because it satistieo the criteria for corroaivity established by the Division at lle-P l~0503(c)(21 in that it is a liquid ubich corrodebull steel at a rate opound-grttater than 6 JS tu1 per year at a teat teDperature of ssoc or it ia an aqueoua solution ilnd has a pll of less than or equal to 2 0

12 The chemical was tea described in Paragraphs 10 and 11

are hazardoua laates within the meaning of RSA 147-A2 VU

(forJ~erly RSA 147 49V ) i n that they contribute to an increase

in cortality or irreversible or incapacitating reversible

illness and which pose a present or potential threat to huoan

health and the environrtent when inproperly diapooed of or

otherwise mismanaged

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

-5shy

b spent pickle liquor tro111 steel finiJhing operations containing chror~ium and nitrichyclrotluoric acid listed at lle-P 1905 App IV at IV-7 and idontUied as EPA uazardous l~aate IIUJJber tt062

ll he chemical waatoa ~Jeneratod by IU1C also include

a Isopropyl alcohol uhich is a hazardous laate u ithin the r~eaning ot RSA 147-A2 VII (torrunly nsA 14749V) because it aatiatiea tho criteria tor ignitability ootablioheU by the Divi sion at uep l905 D3(c)(l) in that it h a liquid other than an aqueoua aolut ion containin9 looa than 24 percent alcohol by voluca and has a flash point of leas than Gooc

b Hydrochloric acid uhich is a hazardous laste within the teaning of nsA l47-A2VII (fornerly RSA l4749V) because it satistieo the criteria for corroaivity established by the Division at lle-P l~0503(c)(21 in that it is a liquid ubich corrodebull steel at a rate opound-grttater than 6 JS tu1 per year at a teat teDperature of ssoc or it ia an aqueoua solution ilnd has a pll of less than or equal to 2 0

12 The chemical was tea described in Paragraphs 10 and 11

are hazardoua laates within the meaning of RSA 147-A2 VU

(forJ~erly RSA 147 49V ) i n that they contribute to an increase

in cortality or irreversible or incapacitating reversible

illness and which pose a present or potential threat to huoan

health and the environrtent when inproperly diapooed of or

otherwise mismanaged

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

-Gshy

13 In addition to the hazardous lastes i~entitied And

deucribeJ in paragraphs 10 throufJh 12 the chemical wastes

generated by tate include sodiurt hydroxide (caustic soda) uhich

h harJtul to hunan and animal health uhen irproperly clisposed

ot

14 SodiuLl hydroxide is extrertely alkaline in nature and

il very corrosive to body tissues Inhalation of aodiuc

hydroxide duat any cause dauage to the reopirotory tract and

expoaure to dilute solutions in liquid tort~ nay result in

derrnatith

lS Between 1979 antl 19U2 KltC iuproperly stored the _)

chemical process uaates descriJed in yennrilramppha 10 throu9h 14 at

ita Hill Street facility in drurts lhich uere in poor condition

and which were leaking thereby causing the cheaical proceaa

waatel to spill or leak onto the ground in and around the JUll

Street facility

16 Upon inforoation and belief it was the practice of

JtMC to periodically dispose of process uastes containing the

hazardous wastes described in Paragraphs 10 through 14 by

periodically dumping thetil directly onto the ground on ancl

around its lUll street facility ancl into Pequauket Panel and by

discharging the wastes to its septic systc11 or through a pipe

leading troo one of its buildiniJB and ecptyin~ onto the ground

adjoining aaiel building

I I

I I

Jil1 1 ~I

rrl( ~il f~(l

I

) -7shy

17 Analyses of tJroundwater sanples taken on and around

the facility indicate the presence of up to 400 puts per

rdllion (ppm) of 111 trichloroethane and 75 pptl of total

chroaium

18 1 1 1 trichlorethbulllne 1a a centr~tl nervous ayteampl

depreaaant that haa adverse affects on the liver and kidneys

and at hi9h inhnlat ion dooe levola can result i n arrhythaiaa

Exposure to tuDes or direct contact by huDDna can result in eye

and akin irritation Acute ex~oure can be lethal to buaana

The suggested non-adverae reaction level (SUARL) for 111

trichlorothlne is 1 pp for a l i etiDe exposure in drinkin9

water

19 Chrollium baa been deterr~ined to cause cancer in huJana

and aniaala In addition to ita carcinogenic effects chronium

induces chromosOJlampl aberrations in hunana and can caubulle damaCJbull

to the liver kidneys akin reapiratory paoaageo and lung a

The do1neatic water supply standard for total chrorniun has been

eatablhhed by the EPA at OSO ppo The freshwater aquatic

lite standard for total chromiuo is 100 ppm

20 KI~C acting by and through ita officers and erlployeea

on nunerous occaaiona between 1972 and 1981 discharged

1 11 trichlorethane and aCJueous chrociurn uastes to

IJCOundwaters uf the state on and adjoining ita Hill Street

facility

)

-oshy

21 Upon infornat ion o1nd belief 1a~c s unlauul storage

and disposal of ho1zardoua uOJsteo at its till Street facility

were Jonoun to and directed by Defendant noore peroonally

22 oetendant Elllrcdge I new or should have knovn of rMC a

unlawful s torage and d i sposal of hazardous wnates at its Hil l

Street f acility

IV Dilpoaal of Hazardous wanes Without Perbull it

23 The Plaint itt reaaaerta the allegations in ParagrMpha

4 through 22

24 R~A 147-A 4I ( fo r ucrly ns 147511) males it

J unlawful for any person to operate a hazardous vaste storage or

disposal facility after J uly 1 1980 u ithout first obtaining a

per111it troa the nureau

25 Por the purposes of RSA 147-A4I (fortlerly RSA

147511)

a bullstoragebull means the containnent ot haz01rdoua wastes either on a permanent basis or on a teDporary bas is or tor a period ot years in s uch a nanner as not to constitute disposal RSA 147-Al XIII (formerly RCiA l41 49X )

b bull disvosal bull inc l udes the discha rge deposit spilling lealing or placing of a hazardous waste into or onto any land or water so that the waste or any constituent thereof rnay enter the e nvironment or be discharged into any waters including qrounduaters RSA 147-AlIII (fOrtllerly RSA 1474911)0 and

)

-oshy

21 Upon infornat ion o1nd belief 1a~c s unlauul storage

and disposal of ho1zardoua uOJsteo at its till Street facility

were Jonoun to and directed by Defendant noore peroonally

22 oetendant Elllrcdge I new or should have knovn of rMC a

unlawful s torage and d i sposal of hazardous wnates at its Hil l

Street f acility

IV Dilpoaal of Hazardous wanes Without Perbull it

23 The Plaint itt reaaaerta the allegations in ParagrMpha

4 through 22

24 R~A 147-A 4I ( fo r ucrly ns 147511) males it

J unlawful for any person to operate a hazardous vaste storage or

disposal facility after J uly 1 1980 u ithout first obtaining a

per111it troa the nureau

25 Por the purposes of RSA 147-A4I (fortlerly RSA

147511)

a bullstoragebull means the containnent ot haz01rdoua wastes either on a permanent basis or on a teDporary bas is or tor a period ot years in s uch a nanner as not to constitute disposal RSA 147-Al XIII (formerly RCiA l41 49X )

b bull disvosal bull inc l udes the discha rge deposit spilling lealing or placing of a hazardous waste into or onto any land or water so that the waste or any constituent thereof rnay enter the e nvironment or be discharged into any waters including qrounduaters RSA 147-AlIII (fOrtllerly RSA 1474911)0 and

) -9shy

c bulltacilitybull includes a location at vhich waste is subjected to disposal RSA 147-AlIV (formerly llSA 14749III)

2G Proramp July 1 1900 until January of 1902 tmc stored

and disposed of hazardous Yastea at itt1 liill Street facility

without a percit t rou the oureau and in violation of nsA

l47-A 4I (forLgtorly RSA l47SlI)

27 Defendant a Uoore and Eldredge had a duty to take

reaaonable atepl to aaaure that KHC did not atore or di apoae of

bazardolla waate1 unlawfully or without a pernit

28 Defendants Moore and Eldredge failed to take

relt~sonable atepa to assure that tmc stored and disposed of ita

hazardous wastes lawfully and as a result of theit acts and

oahaiona ttMC stored and disposed of hazordoua wastes l lthout

a permit aa requited by RSA 147-A 4I (for~aerly RSA 147 51 1

29 Under RSA l47SSIII (effective July 1 1900) any

person who violates a require~aent of nsA ch 147 ahall be

subject to a civil fo rfeiture of not rore than S2SOOO for each

day the violation continues and under RSA 147-Al7 I

(effective June 23 1981) any person uho violates a

raquire~aent of RSA cb 147-A shall be subject to a civil

forfeiture of up to SSOOOO for each day of a continuing

violation

I I

I I

II I~I rrl

middot10shy 1~~middot1f~(l v V1lt iono of nazanlouG Haste nulo3 I

30 he Plaintiff reaascrts the factual alleqationa in

Parilljrapha 4 through 22

31 on September 29 1901 reprosentat ivos of the nurelt1u

and the EPA conducted an inspection of Jti1Co facility to

deteraine the coopanys compliance with R~A 147-A and rules

proraulgata d thereunder

32 At the tice of the inapaction XrtC waa in violation ot

eight aeparate requireQenta of ne-P Chapter 1905

a rHC had not submitted a uaate analyllia

J plan as required by New uaupshire llaZiltdoua llas te Rule uo-P 190500(d)(J)(a) and 40 CF R 2G513 describing procedures to obta1n chemical and phyaical inforuiltion eBaontial for tho safe otorae or di8polal of ita hazardoua waatea including testing and aaapling procedurea

b KMC had not subaitted to the oureau or itlpleuented a ~~ecurity plan as required by lo-P 190500(d)(J)(b) and 40 CP R 265 14 to prevent the unknowi ng entry of persona into an active portion ot the facility

c JCI1C had not irtpleoented or submitted to the nureau a general facility inapection plan as requirecl by ue-P 19050B(d) (J)(c) aud 40 CFn 26515 establishing a procedure for inspecting the facility for malfunction deteriorution or discharges so as to detect oparational failures or accidental tlischarqes before hazardous lampstes or vaste constituents could enter the envirom~ent

-11shy

d rmc had not irn~lertented or submitted to the Bureau a pcrJonnel training plln ao required by ne-P 190S OU(J)d and 40 CFR 26516 to train its employees to perforo such operational and etJergency activities such aa contingency plan irnplernentation operation and oaintenltmce of eoercJency equipLlent and safety proceclures

e JtMC hac1 not aubrlittel1 to the Bureau or imLllooented prellnredneas and prevention procedures as required by no-P HOS OO(dl(Jlf and 40 CPn 2GS ubpart c to Lliniaizo tho possibility ot an unplanned roleaae of haardoue Wlatea or hazardous Wamplte conatituenta into the environgent and requiring the installation of an energency eormunicationa ayateTi

f KHC had not developed or submitted to the Bureau a contingency igt lau and erugency procedures ao required by lle-P 190500(d)(3)ltJ and 40 CPR 265 Subpart D to rilinitaize the haardo to hutuln health and the environment trom tirea exploaiona or any unplanneU aullden or non-audclen reluaae of hazardoul vastea or h~ardoua waote con1t1tuenta to the air aoil or aurfaco wators ot the state

_)

g KliC had not developed or oubnitted to the nuuau a cloaure plan aa required by Ue-P l90500(d) (3)1 and 40 CPn 265 Subpart G -amp published in itI

~==~~igt~~r ~o~d~~middot fg~l~i~g the facility so as to llinir~ic the need tor further raa intenance and to minir~ize the escape of hazardous wastes hazardous waote constituonts lemiddottchotc contarinated rainfall or waste decomposition proc1ucts to the ground or surface vaters or the attlosphere

-11shy

d rmc had not irn~lertented or submitted to the Bureau a pcrJonnel training plln ao required by ne-P 190S OU(J)d and 40 CFR 26516 to train its employees to perforo such operational and etJergency activities such aa contingency plan irnplernentation operation and oaintenltmce of eoercJency equipLlent and safety proceclures

e JtMC hac1 not aubrlittel1 to the Bureau or imLllooented prellnredneas and prevention procedures as required by no-P HOS OO(dl(Jlf and 40 CPn 2GS ubpart c to Lliniaizo tho possibility ot an unplanned roleaae of haardoue Wlatea or hazardous Wamplte conatituenta into the environgent and requiring the installation of an energency eormunicationa ayateTi

f KHC had not developed or submitted to the Bureau a contingency igt lau and erugency procedures ao required by lle-P 190500(d)(3)ltJ and 40 CPR 265 Subpart D to rilinitaize the haardo to hutuln health and the environment trom tirea exploaiona or any unplanneU aullden or non-audclen reluaae of hazardoul vastea or h~ardoua waote con1t1tuenta to the air aoil or aurfaco wators ot the state

_)

g KliC had not developed or oubnitted to the nuuau a cloaure plan aa required by Ue-P l90500(d) (3)1 and 40 CPn 265 Subpart G -amp published in itI

~==~~igt~~r ~o~d~~middot fg~l~i~g the facility so as to llinir~ic the need tor further raa intenance and to minir~ize the escape of hazardous wastes hazardous waote constituonts lemiddottchotc contarinated rainfall or waste decomposition proc1ucts to the ground or surface vaters or the attlosphere

-12shy

h KtC waa atorinq hazardous Jaatea in containera which were in poor condition which were loakinCJ uhich were not closed and which ware located near incortpatible ~ateriula flithout a dike hera wa l l or other device sepa ratinCJ thern in violation of ne-P l lO SOO (e ) ( l a nd 40 CPn subpart I ( aa puUli a he cl at 45 Fe d neq 332 44

33 On December 9 1981 t he Bureau not i fi ed tmc in

wr i ting of each ot t he violationbull dear ribed in Pltlrgraph 32 and

reque1ted 1HC to aubmit a ~tatua report lithin 60 damplfl

deacribing lKCa ppoundOCJCOII towarda cornpliance with RSA ch 147-A

and the rul~~to promulgated thereunder

34 In January of 1902 tmc ceaaeU operation of ita Convay

facility without correcting the violations described in the

aureaubulle letter of deficiency of Decetlbor 8 1901

lS The barnla of hazardous wastes boin9 stored at the

facility were finally retloved by l~MC in June of 1982

36 nazardoua waate Rules He-P l90508(d)(3) and (e) aa

atlended effective June 3 1981 are duly adopted re9ulationa of

the Dureau the violation of which 1o punishable under RSA

147-Al7 by an injunction and a civil f orfeiture of up to

SSOOOO per day f or each day of each cont i nu i nlt viol itibullm

-0

-13shy

VI Unlawful Discharge to Groundwater

37 he PlaintUt reasserts the tactual allegatiuns ot

Paragraphs 4 through 22

38 nsA 1490III(a) Dakea it unlawful tor

discharge or dispose of any sewage or waste to a

the State without first obtaininq a lritten permit roc the

Coaaisaion

39 Por the purposes ot RiA l498III(a)

a bullwaitebull Deana industrial va1te or waste RSA 1491IV t

b bull tnduatrial lastebull rJeana any liquid gaseous or solid waste uubatances resulting tror1 any process of i ndustry uanutacturing R5A l4 9 lII

c bullaurtace waters of the Statebull includes atrearu lakes and ponds within the jurisdiction of the State RSA 149 l V

d bullgroundwAterabull ceana all areaa belo1 the top of the water table including aquifera wellbull and other sources ot groundlater RSA 149lVIII nnd

bullmiddot bulld iaposaP ceano the deposit diachar9e injection duopin9 or placing of waste into or on any land water ao that auch llaate or any conatituent thereof enters surface or groundwaters nH Code of Administrative nules section us 41004()

any person to

groundwater of

other

or

I

Jill ~middott l f

f~il

-14shy

40 Defendant ItltCa disposal and storage of hazardous

waatea anll caustic aolla in ouch a way as to allow the wa11tea to

enter the groundwatera and surface waters of tho State

constitutes a discharge ot induJtrial wastes to qroundlatera

and surface waters of the middotState for which a permit ia required

middotby nSA l498IU(a)

41 Defendant Moore and Defendant Eldredqe know or Jhould

have knovn that the waate disposal practices of KIbullC resulted in

the diacharge of industrial wastes to groundwaterbull and surface

vatera of the State and had a duty to obtain or cause liC to

obtain a permit as required by n~i 149BIIIa)

42 The Defendants never obtained a perrdt troa the

Cotu1i11ion to dilchatCJI industrial wastes to the grounduatera

and aurface watera of the State abull required by RSA 1498tit(a)

43 A viOlation of RSA U98Itt(a) ia puniahable by a

civil penalty not to exceed $10000 per day of violation and

may be onjoined by the superior Court ULgtOn application of the

Attorney General RSA 14919II and III

VII Cornon Law nuisance

44 The Plaintiff reasserts the allegations in Paragrapha

through 22 27 20 and 41

I I I I

r11~middotr1Itrl ( il f~(l

I

-15shy

45 ICHCa unlawf ul disposal ot cheutcal wastes on itu

property bulllnd the exhtence ot hiiJh concentrations ot such

wastes in groundlater in ant around ita facility conatttutea a

publie nuioance ils it is bull111 unlautul uae ot property Yhich

unreasonably threatens tho envtronuent and intertereo lith the

hullth and oatoty of tho public ~ it creatoo a throat

ot public exposure to harmful champli1icala i n the qroundwater ot

the ntato see Robie v r~Ulh 112 tnr 492 -amp95 (1972)

41 On OCtober C 1982 the Defendants Ieee notified ot

the nuiao~nce condition exinting on ~~nd around the lUll Gtreet

facility ana weco oraored by the Bureau to tole renedial action

47 The Defendants hava a lUt t o abate auch nuillanc~t lt1nd

have taUecJ to cake any effort to do so

40 Due to their acta and onilaion1 netendantbull ruc ltJore

ant ClclredJbull are jointly ond aevarally liitUle tor the creation

and continuation ot i puhlic nuisance resulting rOJl the

improper di spoaal ot hazardoua wastes at the JCMC Hill Street

acUity ana tho contaJOination o 9COUIIltlwotorbull of t ~ In a nd around aaid facility

I I

I

Jill ~middottl rrl ( f IJbullbull ~

I

-16shy

VIII Negligence

49 The Plaintiff reast~erta the allegations of Pararapha 4

throu9h 43 and 45

so Dofondanta tate Eldredge and ltoore had a duty to taloe

reasonable measures to prevent the hazardous and industrial

waatea atorod and cHapoaod of at the 11111 Street facility froo

contaainating the aurfaco and ground waters of the State

51 Defendants KMC Eldredqe and Moore ~new or lhould have

known that their unlawful and iapropor disposal of hazardous

and indu8trial wa1tea in and around the liill Street facility

would likely result in the contarlination of surface and

groundwatera of the itilte by substances harr~fumiddotl to the public

health and the envirom~ent

52 As a result of the Defendants bull acta and ocilaiona the

surface and groundwaterbull of the St ate have been contaminated by

bullubbulltancebull harnful to the public health ancl the envirorwent

I Prayers for Relief

WBZREPORE the State of New Uampshire respectfully requests

this Court to

A Issue a pernanent injunction ordering the Defendants

to

1 Submit a hydroyeological study perforLlecl by a New Uacpahire registered engineer to determine the direction and rate of flo1 of grounduater at the facility the levels of contaraination in the groundwater and the resources at risk

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111

-13shy

VI Unlawful Discharge to Groundwater

37 he PlaintUt reasserts the tactual allegatiuns ot

Paragraphs 4 through 22

38 nsA 1490III(a) Dakea it unlawful tor

discharge or dispose of any sewage or waste to a

the State without first obtaininq a lritten permit roc the

Coaaisaion

39 Por the purposes ot RiA l498III(a)

a bullwaitebull Deana industrial va1te or waste RSA 1491IV t

b bull tnduatrial lastebull rJeana any liquid gaseous or solid waste uubatances resulting tror1 any process of i ndustry uanutacturing R5A l4 9 lII

c bullaurtace waters of the Statebull includes atrearu lakes and ponds within the jurisdiction of the State RSA 149 l V

d bullgroundwAterabull ceana all areaa belo1 the top of the water table including aquifera wellbull and other sources ot groundlater RSA 149lVIII nnd

bullmiddot bulld iaposaP ceano the deposit diachar9e injection duopin9 or placing of waste into or on any land water ao that auch llaate or any conatituent thereof enters surface or groundwaters nH Code of Administrative nules section us 41004()

any person to

groundwater of

other

or

I

Jill ~middott l f

f~il

-14shy

40 Defendant ItltCa disposal and storage of hazardous

waatea anll caustic aolla in ouch a way as to allow the wa11tea to

enter the groundwatera and surface waters of tho State

constitutes a discharge ot induJtrial wastes to qroundlatera

and surface waters of the middotState for which a permit ia required

middotby nSA l498IU(a)

41 Defendant Moore and Defendant Eldredqe know or Jhould

have knovn that the waate disposal practices of KIbullC resulted in

the diacharge of industrial wastes to groundwaterbull and surface

vatera of the State and had a duty to obtain or cause liC to

obtain a permit as required by n~i 149BIIIa)

42 The Defendants never obtained a perrdt troa the

Cotu1i11ion to dilchatCJI industrial wastes to the grounduatera

and aurface watera of the State abull required by RSA 1498tit(a)

43 A viOlation of RSA U98Itt(a) ia puniahable by a

civil penalty not to exceed $10000 per day of violation and

may be onjoined by the superior Court ULgtOn application of the

Attorney General RSA 14919II and III

VII Cornon Law nuisance

44 The Plaintiff reasserts the allegations in Paragrapha

through 22 27 20 and 41

I I I I

r11~middotr1Itrl ( il f~(l

I

-15shy

45 ICHCa unlawf ul disposal ot cheutcal wastes on itu

property bulllnd the exhtence ot hiiJh concentrations ot such

wastes in groundlater in ant around ita facility conatttutea a

publie nuioance ils it is bull111 unlautul uae ot property Yhich

unreasonably threatens tho envtronuent and intertereo lith the

hullth and oatoty of tho public ~ it creatoo a throat

ot public exposure to harmful champli1icala i n the qroundwater ot

the ntato see Robie v r~Ulh 112 tnr 492 -amp95 (1972)

41 On OCtober C 1982 the Defendants Ieee notified ot

the nuiao~nce condition exinting on ~~nd around the lUll Gtreet

facility ana weco oraored by the Bureau to tole renedial action

47 The Defendants hava a lUt t o abate auch nuillanc~t lt1nd

have taUecJ to cake any effort to do so

40 Due to their acta and onilaion1 netendantbull ruc ltJore

ant ClclredJbull are jointly ond aevarally liitUle tor the creation

and continuation ot i puhlic nuisance resulting rOJl the

improper di spoaal ot hazardoua wastes at the JCMC Hill Street

acUity ana tho contaJOination o 9COUIIltlwotorbull of t ~ In a nd around aaid facility

I I

I

Jill ~middottl rrl ( f IJbullbull ~

I

-16shy

VIII Negligence

49 The Plaintiff reast~erta the allegations of Pararapha 4

throu9h 43 and 45

so Dofondanta tate Eldredge and ltoore had a duty to taloe

reasonable measures to prevent the hazardous and industrial

waatea atorod and cHapoaod of at the 11111 Street facility froo

contaainating the aurfaco and ground waters of the State

51 Defendants KMC Eldredqe and Moore ~new or lhould have

known that their unlawful and iapropor disposal of hazardous

and indu8trial wa1tea in and around the liill Street facility

would likely result in the contarlination of surface and

groundwatera of the itilte by substances harr~fumiddotl to the public

health and the envirom~ent

52 As a result of the Defendants bull acta and ocilaiona the

surface and groundwaterbull of the St ate have been contaminated by

bullubbulltancebull harnful to the public health ancl the envirorwent

I Prayers for Relief

WBZREPORE the State of New Uampshire respectfully requests

this Court to

A Issue a pernanent injunction ordering the Defendants

to

1 Submit a hydroyeological study perforLlecl by a New Uacpahire registered engineer to determine the direction and rate of flo1 of grounduater at the facility the levels of contaraination in the groundwater and the resources at risk

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111

-14shy

40 Defendant ItltCa disposal and storage of hazardous

waatea anll caustic aolla in ouch a way as to allow the wa11tea to

enter the groundwatera and surface waters of tho State

constitutes a discharge ot induJtrial wastes to qroundlatera

and surface waters of the middotState for which a permit ia required

middotby nSA l498IU(a)

41 Defendant Moore and Defendant Eldredqe know or Jhould

have knovn that the waate disposal practices of KIbullC resulted in

the diacharge of industrial wastes to groundwaterbull and surface

vatera of the State and had a duty to obtain or cause liC to

obtain a permit as required by n~i 149BIIIa)

42 The Defendants never obtained a perrdt troa the

Cotu1i11ion to dilchatCJI industrial wastes to the grounduatera

and aurface watera of the State abull required by RSA 1498tit(a)

43 A viOlation of RSA U98Itt(a) ia puniahable by a

civil penalty not to exceed $10000 per day of violation and

may be onjoined by the superior Court ULgtOn application of the

Attorney General RSA 14919II and III

VII Cornon Law nuisance

44 The Plaintiff reasserts the allegations in Paragrapha

through 22 27 20 and 41

I I I I

r11~middotr1Itrl ( il f~(l

I

-15shy

45 ICHCa unlawf ul disposal ot cheutcal wastes on itu

property bulllnd the exhtence ot hiiJh concentrations ot such

wastes in groundlater in ant around ita facility conatttutea a

publie nuioance ils it is bull111 unlautul uae ot property Yhich

unreasonably threatens tho envtronuent and intertereo lith the

hullth and oatoty of tho public ~ it creatoo a throat

ot public exposure to harmful champli1icala i n the qroundwater ot

the ntato see Robie v r~Ulh 112 tnr 492 -amp95 (1972)

41 On OCtober C 1982 the Defendants Ieee notified ot

the nuiao~nce condition exinting on ~~nd around the lUll Gtreet

facility ana weco oraored by the Bureau to tole renedial action

47 The Defendants hava a lUt t o abate auch nuillanc~t lt1nd

have taUecJ to cake any effort to do so

40 Due to their acta and onilaion1 netendantbull ruc ltJore

ant ClclredJbull are jointly ond aevarally liitUle tor the creation

and continuation ot i puhlic nuisance resulting rOJl the

improper di spoaal ot hazardoua wastes at the JCMC Hill Street

acUity ana tho contaJOination o 9COUIIltlwotorbull of t ~ In a nd around aaid facility

I I

I

Jill ~middottl rrl ( f IJbullbull ~

I

-16shy

VIII Negligence

49 The Plaintiff reast~erta the allegations of Pararapha 4

throu9h 43 and 45

so Dofondanta tate Eldredge and ltoore had a duty to taloe

reasonable measures to prevent the hazardous and industrial

waatea atorod and cHapoaod of at the 11111 Street facility froo

contaainating the aurfaco and ground waters of the State

51 Defendants KMC Eldredqe and Moore ~new or lhould have

known that their unlawful and iapropor disposal of hazardous

and indu8trial wa1tea in and around the liill Street facility

would likely result in the contarlination of surface and

groundwatera of the itilte by substances harr~fumiddotl to the public

health and the envirom~ent

52 As a result of the Defendants bull acta and ocilaiona the

surface and groundwaterbull of the St ate have been contaminated by

bullubbulltancebull harnful to the public health ancl the envirorwent

I Prayers for Relief

WBZREPORE the State of New Uampshire respectfully requests

this Court to

A Issue a pernanent injunction ordering the Defendants

to

1 Submit a hydroyeological study perforLlecl by a New Uacpahire registered engineer to determine the direction and rate of flo1 of grounduater at the facility the levels of contaraination in the groundwater and the resources at risk

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111

-15shy

45 ICHCa unlawf ul disposal ot cheutcal wastes on itu

property bulllnd the exhtence ot hiiJh concentrations ot such

wastes in groundlater in ant around ita facility conatttutea a

publie nuioance ils it is bull111 unlautul uae ot property Yhich

unreasonably threatens tho envtronuent and intertereo lith the

hullth and oatoty of tho public ~ it creatoo a throat

ot public exposure to harmful champli1icala i n the qroundwater ot

the ntato see Robie v r~Ulh 112 tnr 492 -amp95 (1972)

41 On OCtober C 1982 the Defendants Ieee notified ot

the nuiao~nce condition exinting on ~~nd around the lUll Gtreet

facility ana weco oraored by the Bureau to tole renedial action

47 The Defendants hava a lUt t o abate auch nuillanc~t lt1nd

have taUecJ to cake any effort to do so

40 Due to their acta and onilaion1 netendantbull ruc ltJore

ant ClclredJbull are jointly ond aevarally liitUle tor the creation

and continuation ot i puhlic nuisance resulting rOJl the

improper di spoaal ot hazardoua wastes at the JCMC Hill Street

acUity ana tho contaJOination o 9COUIIltlwotorbull of t ~ In a nd around aaid facility

I I

I

Jill ~middottl rrl ( f IJbullbull ~

I

-16shy

VIII Negligence

49 The Plaintiff reast~erta the allegations of Pararapha 4

throu9h 43 and 45

so Dofondanta tate Eldredge and ltoore had a duty to taloe

reasonable measures to prevent the hazardous and industrial

waatea atorod and cHapoaod of at the 11111 Street facility froo

contaainating the aurfaco and ground waters of the State

51 Defendants KMC Eldredqe and Moore ~new or lhould have

known that their unlawful and iapropor disposal of hazardous

and indu8trial wa1tea in and around the liill Street facility

would likely result in the contarlination of surface and

groundwatera of the itilte by substances harr~fumiddotl to the public

health and the envirom~ent

52 As a result of the Defendants bull acta and ocilaiona the

surface and groundwaterbull of the St ate have been contaminated by

bullubbulltancebull harnful to the public health ancl the envirorwent

I Prayers for Relief

WBZREPORE the State of New Uampshire respectfully requests

this Court to

A Issue a pernanent injunction ordering the Defendants

to

1 Submit a hydroyeological study perforLlecl by a New Uacpahire registered engineer to determine the direction and rate of flo1 of grounduater at the facility the levels of contaraination in the groundwater and the resources at risk

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111

-16shy

VIII Negligence

49 The Plaintiff reast~erta the allegations of Pararapha 4

throu9h 43 and 45

so Dofondanta tate Eldredge and ltoore had a duty to taloe

reasonable measures to prevent the hazardous and industrial

waatea atorod and cHapoaod of at the 11111 Street facility froo

contaainating the aurfaco and ground waters of the State

51 Defendants KMC Eldredqe and Moore ~new or lhould have

known that their unlawful and iapropor disposal of hazardous

and indu8trial wa1tea in and around the liill Street facility

would likely result in the contarlination of surface and

groundwatera of the itilte by substances harr~fumiddotl to the public

health and the envirom~ent

52 As a result of the Defendants bull acta and ocilaiona the

surface and groundwaterbull of the St ate have been contaminated by

bullubbulltancebull harnful to the public health ancl the envirorwent

I Prayers for Relief

WBZREPORE the State of New Uampshire respectfully requests

this Court to

A Issue a pernanent injunction ordering the Defendants

to

1 Submit a hydroyeological study perforLlecl by a New Uacpahire registered engineer to determine the direction and rate of flo1 of grounduater at the facility the levels of contaraination in the groundwater and the resources at risk

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111

) -17shy

2 subait a plan with supporting hydrogeolo9ical infor~Jation for the identification location clean-up and future monitorin9 of hazardous vaatea at the facility

3 Abate contain and recove the nuisance caused by tho discharge of hazardous wast es into the groundwateramp and surface waters of the State in a raannar acceptable to tho oureau and the Coruailaion such that a l l f uture risks t o puUlic health a nd the environraent creat ed thereby are a U Jli nntad

a Aaaaaa a c ivil penalty payable to the State of new

BampJiplhire oaaarcloua lfaata Pund not to exceed $50000 par day

for each violation of ROA ch 1middot17-A and rules prortUlCJamptad

thereunder 1

c Assess a civil penalty no t t o exceed SlO 000 par day

for each violation of RSA 14gt0II ( a)J and

D Grant bulluch other and further relief bullbull may be jubullt and

appropriate

Rebullpectfully oullmitted

IllE S4ATE OP UEW IIAJUSIJIRE

GREGORY H SMIIII ATlORUEY GCUtRAL

bullY bull_~f~middotwmiddotlt~~U~II~n~middot1~~--------ampve II tyeVAtt orney Environmental Protection Div Office of Attorney General State House Annex Concord Nev Hattpahire 03301 Telephone 603271-3670

1. barcode 576111
2. barcodetext SDMS Doc ID 576111