EPA, Merriam Manufacturing Reach Settlement on Durham Cleanup (USA)

EPA has reached a settlement with Merriam Manufacturing Co., Aztec Industries, LLC and the Estate of Allan Adams for partial reimbursement of EPA’s past costs in the remediation at the Durham Meadows Superfund Site.

Under the terms of the Consent Decree, approved by the Court on Jan. 15, 2013, the settling parties are obligated to make partial repayment of costs incurred by EPA during cleanup work at the Durham, Conn. site. Because of the parties’ limited ability-to-pay, the Consent Decree allows them to satisfy their responsibilities solely through payments from insurance claims proceeds and the sale of real property at the Merriam Manufacturing Co. (MMC) portion of the site. The total value of the insurance claims and real property is not yet determined.

The settlement also requires them to provide access and impose institutional controls on the properties at the MMC Study Area in order to ensure protection of human health and the environment. The final settlement takes into consideration an evaluation of public comments received during a public comment opportunity on the proposed settlement.

The Durham Meadows Superfund Site includes the former location of MMC at 281 Main Street, and the Durham Manufacturing Company’s currently-operating manufacturing facility at 201 Main Street, both located in Durham, Conn. During their respective operating histories, both companies used various solvents in the manufacture of metal cabinets, boxes, and other items. The companies’ past disposal of wastewater at their facilities contributed to contamination that has been detected in soil and groundwater on both industrial properties, as well as in residential drinking water wells surrounding the two facilities.

EPA performed cleanup work at the MMC Study Area, including excavation and off-site disposal of contaminated soil. All contaminated soil was removed from the MMC Study Area as of May 2012. The soil cleanup and the recording of institutional controls required under the Consent Decree will allow future reuse of the MMC property.

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Press Release, February 6, 2013