# KOPPERS CO., ET AL. (BEASER EAST)
> **Judicial** · FY1987 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `123`
- **Case Number:** 01-1987-0004
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $800K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CHICAGO BRIDGE & IRON, INC. (complaint) (settlement)
- KOPPERS CO., INC. (complaint) (settlement)
- MASSACHUSETTS DEPT OF PUBLIC WORKS (complaint) (settlement)
- SMITH VALVE CORP. (complaint) (settlement)
- WESTBOROUGH, TOWN OF (complaint) (settlement)
## Summary

KOPPERS CO. INC., IS A SUCCESSOR CORP TO THE AMERICAN LUMBER AND TREATING CO., (ALTC) WHICH OPERATED A WOOD TREATING FAC- ILITY AT THE HOCOMONCO POND SITE FROM 1936 TO 1946. DURING   THAT PERIOD, CREOSOTE WASTES WERE DISPOSED OF IN SEVERAL     DEPRESSIONS ON SITE AND WERE ALSO SPILLED IN VARIOUS LOCAT-  IONS.                                                        CHICAGO BRIDGE & IRON CO. IS A CORP THAT HELD SUBSTANTIAL    STOCK IN ALTC, HAD SIGNIFICANT REPRESENTATION ON ITS BOARD   OF DIRECTORS, AND ALSO PARTICIPATED IN THE MGMT OF ALTC IN   VARIOUS WAYS.  IT WAS, THUS, ARGUABLY AN OWNER AND OPERATOR  OF THE FACILITY THROUGH ITS OWNERSHIP OF AND INVOLVEMENT     WITH ALTC AND IS ALSO ARGUABLY LIABLE THROUGH A PIERCING OF  THE CORPORATE VEIL THEORY.                                   SMITH VALVE CORP. IS THE OWNER OF A SIGNIFICANT PORTION OF   THE SITE. IN 1976, AS PART OF THE CONSTRUCTION OF A ROADWAY  AND DRAINAGE SYSTEM, SMITH CONSTRUCTED A DISCHARGE PIPE      THROUGH A CREOSOTE DEPOSIT. CONSEQUENTLY, CREOSOTE DISCHARG- ED INTO HOCOMONCO POND THROUGH THIS PIPE.                    THE TOWN OF WESTBOROUGH, MA IS THE OWNER OF A DRAINPIPE      TRAVERSING THE SITE THROUGH WHICH SIGNIFICANT AMOUNTS OF     CREOSOTE HAVE DISCHARGED INTO HOCOMONCO POND.                THE MASSACHUSETTS DEPT OF PUBLIC WORKS EXCAVATED CREOSOTE    CONTAMINATED SOILS AND REDISTRIBUTED THEM ON SITE DURING A   ROAD RECONSTRUCTION PROJECT. THEY ARE THUS LIABLE AS A PARTY WHO ARRANGED FOR THE DISPOSAL OF WAS

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