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Superfund Site in Attleboro and Norton is Finally Clean

On October 11, 2017, the U.S. Environmental Protection Agency (EPA) announced that it had removed the Shpack Landfill from the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  EPA recognized that, after more than 30 years since the Landfill was listed as a Superfund site in 1986, all response actions have been completed and all cleanup goals achieved.

The Shpack Landfill covers 9.4 acres in Attleboro and Norton.  The privately-owned landfill burned and disposed of domestic and industrial chemical wastes, as well as radioactive waste, from 1946 until the 1970s.  After investigating the site for more than a decade, EPA identified at least 14 parties potentially responsible for the contamination, including the City of Attleboro.

In 2005, Attleboro engaged Art Kreiger and Anderson & Kreiger as special counsel regarding the Landfill.  First, in mediation with the private responsible parties, we negotiated a favorable allocation of responsibility for the contamination.  Next, based on the City’s ability to provide a unique contribution – a continuing presence at the site for long-term monitoring and maintenance of the clean-up – we negotiated a resolution under which the City did not contribute to the clean-up costs.  In view of the wide range of waste dumped in extensive wetlands, that agreement avoided a substantial financial risk for the City.

Then the parties addressed the contamination at the Landfill:

  • The Army Corps of Engineers (on behalf of the Department of Defense) excavated and removed radiological-contaminated soil. Art Kreiger and Kevin Batt then negotiated with the Army Corps an innovative contract, available only to public entities, that reduced the disposal cost for the mixed chemical radiological waste for the other responsible parties.
  • We represented Attleboro in negotiating with EPA the Consent Decree for the chemical remediation, which was conducted by the private parties. Kevin Batt also advised the City regarding a public water line, installed at the expense of the private parties, to replace neighbors’ wells as a drinking water source.
  • Finally, Kevin Batt and Mina Makarious have advised the City regarding the monitoring of wetlands restoration, control of invasive species and periodic testing of soil. Attleboro will maintain fencing around the site and monitor institutional controls limiting the uses of adjacent parcels for the next 30 years.

A&K is pleased to have helped the City of Attleboro resolve the complex environmental and legal issues at the Shpack Landfill, restoring the environment and protecting the health of local residents at a reasonable cost to the City.

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