A little background…..the Superfund was set up by The 1980 Comprehensive Environmental Response Cleanup, and Liability act. It gave the United States in particular the EPA the broad authority to clean-up hazardous material sites, and threaten sites which may present a danger to the public or environment. It also gave the EPA power to find the person/s responsible for the contamination and get them to clean up the site. If no party could be found responsible the EPA would clean up the site using funds from the Superfund (a tax on hazard producing companies for the protection of the public, and environment).
The Wells G&H Superfund site is located in Woburn, MA and was added to the Superfund list of necessary cleanups in 1982. The site was formerly occupied by a manufacturer of food processing equipment, a tannery, as well as an industrial dry-cleaning plant .The site includes three major aspect the water of the Aberjona River, groundwater beneath the site, and contaminated soil located where the former building where located. Soils at the site contained VOCs, polycyclic aromatic hydrocarbons (PAHs), poly-chlorinated biphenyls (PCBs), pesticides, and high concentrations of lead, chromium, zinc, mercury, and arsenic (U.S. EPA 1993).
The case against former occupants…. In 1982 eight families in woburn filed a class action suit against the two parent companies that operated the facilities stating that they had mishandled and disposed of chemically improperly . These chemicals entered the groundwater and then Wells G & H where they were ingested by local citizens and caused severe health effects include some cases of leukemia . Due to a strong legal defense the companies got away with the civil suit and settled out of court with the families for an estimated 8 million dollars.
In 1991 after nearly a decade of battling, the EPA settled with four companies which were at fault in the case for 70 million dollars. 60 million for cleanup which continues to occur on the site, 6 million for observation by the EPA during cleanup and 4 million for investigative studies carried out by the EPA. A fifth party continues to negotiate with the EPA to over a settlement. The settlement was a great show of the power CERCLA had given the US government to hold companies accountable for frivolous actions concerning hazardous chemical disposal and effects on the environment and citizens.
John Guswa provided key testimony in the cases against all parties held accountable in the wells G&H case, and is actively involved in the remediation which is still taking place at the site. He is hydro geologist and groundwater scientist. His expertise include analysis and remediation system for groundwater testing and restoration, and has provided expert testimony on numerous other trials concerning groundwater contamination.
Conclusion
The G & H Superfund site is a example of the ability and struggles of the government to find and hold liable parties which choose to knowingly or unknowingly dispose of hazardous material improperly and cause damage to the environment or citizens of this country. Although CERCLA (1980) gave the EPA power, companies will fight tooth and nail in court to avoid such charges as those present in this case. The EPA, as well as people like Mr. Guswa fight tirelessly to ensure people like this are held accountable and that proper technique are used when cleaning up and restoring the environment.