EPA and the Department of Justice (DOJ) have reached a bankruptcy settlement agreement to resolve claims with Troy Mills, Inc., and the bankruptcy trustee appointed to oversee the bankruptcy.
The Troy Mills Landfill Superfund site is a two-acre former drum disposal area located on a larger 270-acre parcel owned by Troy Mills in Troy, New Hampshire. The site was used by Troy Mills to dispose of drums of hazardous substances that were generated in its manufacturing process. In September 2003, the site was listed on the Superfund National Priorities List (NPL).
Under the agreement, the bankruptcy trustee and Troy Mills agree, in exchange for a release from liability at the site, that the United States will have an allowed administrative claim against the Debtor in the amount of $14,000,000 and be allowed to place a lien for this amount on the property. In addition, the bankruptcy trustee will grant an easement and environmental agreement to the State of New Hampshire, which will allow access to the property, establish land use restrictions to prevent exposure to contaminated groundwater and soil at the Site.
“This settlement agreement marks an important milestone at the Troy Mills site,” said Robert W. Varney, regional administrator of EPA’s New England office. “It ensures that the Troy Mills site will have the necessary land use restriction in place to protect human health and the environment. We look forward to continuing to work with the State and local community to implement the Site’s cleanup.”
EPA removal actions initiated in July 2004 involved the excavation of 7,692 buried drums, the removal of 29,924 gallons of flammable liquid waste and 3,099 cubic yards of sludge, and the excavation of 26,244 tons of heavily contaminated soil which were transported off-site for disposal at permitted facilities. EPA’s long term cleanup plan finalized in September 2005 calls for monitored natural reduction of contaminated groundwater, institutional controls, and maintenance of the existing remediation systems such as collection trenches, a permeable soil cap, and monitoring wells.
The bankruptcy agreement, lodged today in the United States Bankruptcy Court for the Northern District of West Virginia, is subject to a 30-day public comment period and approval by the bankruptcy court. Comments should be mailed to:
Assistant Attorney General
Environment and Natural Resources Division
P.O. Box 7611
U.S. Department of Justice
Washington, D.C. 20044-7611
More information:
The Troy Mills bankruptcy settlement agreement is available at (www.usdoj.gov/enrd/)