TRC Helps Potentially Responsible Parties Obtain Full Statutory Release

Portland-Bangor Waste Oil Site Facility

For nearly 40 years, the Portland-Bangor Waste Oil Site Facility (PBWO) in Wells, Maine, accepted hazardous waste in its recycling and storage operations.

When operations ceased in 1988—nearly 8 years after the owner filed bankruptcy—the community was left with a series of lagoons filled with hazardous materials that could affect their drinking water supply. The site was taken over by the State of Maine under its Superfund Program. Over 2,900 companies and individuals were named Potentially Responsible Parties (PRPs) for the site— 2,200 of whom contributed less than 1% of the volume. Like many other Superfund sites, the PBWO case was tangled in a time-consuming process of investigation, assessment, and litigation that was driving up the costs without reaching a resolution. As a result, the PBWO site sat neglected for nearly 24 years—twice the national average.

In May 2000, TRC structured a complete solution for everyone involved. TRC’s Exit Strategy program provided a fixed cost solution that allowed the PRPs to obtain a full statutory release from the state. The participating PRPs—including the US Department of Defense—contributed sufficient funds to cover the cleanup costs. Both the federal and state government approved TRC’s assumption of liability at the site through a consent decree. This was the first reported liability transfer from a large group of PRPs to an independent entity.

In just over one year, TRC removed the lagoons and provided alternate drinking water sources to affected citizens. Today, a grassy cap has taken seed on the site and TRC is working with the community to make it a recreational facility. TRC will continue to provide long-term monitoring and maintenance to ensure compliance with the closure requirements.

TRC Exit Strategy Solutions
Working with TRC, the PRPs paid a lower overall cost and received a full release of their liability without continuing in litigation and compliance negotiations.

• Saved PRPs over $3 million in costs
  In an independent study by the Federal government, the TRC solution was 25 Æ 33% lower than the government's own estimate, collectively saving the PRPs more than $3 million.

• Provided a total liability transfer for a fixed cost
  The Exit Strategy program made it possible for the PRPs to execute a consent decree with the State of Maine that provided them a full statutory release from all liabilities at the site, including natural resource damages. The PRPs paid TRC a fixed fee, based on the amount of materials they sent to the site, to transfer their current and future liability.

• Expedited site cleanup
  The PBWO site had a 24-year history of neglect. TRC developed an approach with the PRPs and the state that streamlined the remedial design and planning process, allowing remedies to be completed within 2 years of the initiation of the Exit Strategy program.

• Generated community support
  Throughout the cleanup, TRC actively solicited public comment, particularly during the remedy design. TRC provided monthly updates and site visits for community stakeholders and produced online video updates to ensure the community's needs were continuously addressed.

1949
PBWO Site opened for Mining and Gravel source and later expanded to take in materials such as, waste oil sludge, septic tanks, cesspools, oil bilge water, and missile tube water recycling

1970s
Environmental investigations initiated

1980
Federally mandated environment compliance laws forced owner to file bankruptcy. Site continued to operate as a storage facility until 1988 when it closed permanently.

1993
Volatile Organic Compounds (VOC) discovered in residential drinking water wells

May 2000
TRC signed consent decree releasing PRPs from further liability at the site and initiated work

May 2002
TRC completed cleanup of lagoons and capped the site

2003
Projected opening of community recreational area