# ATLANTIC BATTERY CO INC_(SURRETTE)
> **Judicial** · FY2000 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `1201`
- **Case Number:** 01-2000-0003
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $40K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ATLANTIC BATTERY CO INC (complaint) (settlement)
- MIGEIL, BRUCE (complaint) (settlement)
- SURRETTE AMERICA BATTERY (complaint) (settlement)
- TILTON TRUST-BRUCE MIGEIL TRUST (complaint) (settlement)
## Summary

SITE WAS ESSENTIALLY A LEAD ACID BATTERY MFG AND ASSEMBLY  FACILITY. OPEN VATS AND CONTAINERS OF SULFRUIC ACID AND LEAD CONTAMINATED SOILS REMAINED AT THE SITE AFTER INDUSTRIAL     ACTIVITY CEASED AND THE SITE/FACILITY WAS ABANDONED IN THE   FALL OF 1994. IN JANUARY OF 1995, EPA WAS NOTIFIED BY NEW    HAMPSHIRE DEPT OF ENVIRONMENTAL SERVICES (NHDES) THAT OPEN   CONTAINERS OF SULFURIC ACID AND OTHER HAZARDOUS SUBSTANCES   HAD BEEN FOUND AT THE SITE. AT THE TIME OF THE NOTIFICATION, ACCESS TO THE SITE WAS UNRESTRICTED.                          ON JANUARY 20, 1995, THE REMOVAL PROGRAM PERFORMED A PRE-   LIMINARY SITE ASSESSMENT/SITE INVESTIGATION(PA/SI). THE      PA/SI CONFIRMED SITE ACCESS WAS UNRESTRICTED AND THE         PRESENCE OF SEVERAL HUNDRED GALLONS OF ACID IN BULK STORAGE  TANKS AT THE SITE. ON-SITE ANALYSIS INDICATED THE PRESENCE   OF LEAD IN THE SOIL AT CONCENTRATIONS AS HIGH AS 6,100PPM.     THE REMOVAL ACTION BEGAN ON MARCH 31, 1995, PURSUANT TO AN ACTION MEMORANDUM DATED MARCH 20, 1995. A REQUEST FOR A CEIL ING WAS APPROVED ON JULY 11, 1995 AFTER MORE LEAD WAS FOUND  DURING SUBSEQUENT SOIL INVESTIGATIONS. THE REMOVAL ACTION    WAS COMPLETED ON OR ABOUT AUGUST 24, 1995.                     IN DECEMBER OF 1998, THERE WAS A FIRE WHICH SUBSTANTIALLY  DESTROYED THE FACILITY LOCATED AT THE SITE. IT IS NOW        NECESSARY FOR EPA TO CONDUCT ADDITIONAL REMOVAL ACTION.      REPEATED REQUESTS FOR ACCESS TO THE SITE BY EPA HAVE BEEN    REFUSED BY THE OWNERS. EPA ISSUED THE 

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*