LOCATION OF INJURYMiddleton, MA and Essex County
DATE OF INJURYFrom 1970's through 1989
DATE AND AMOUNT OF SETTLEMENT2010 at $747,000
SETTLEMENT FUNDS AVAILABLE$700,000 to $747,000
NATURAL RESOURCE TRUSTEESMA Executive Office of Energy and Environmental Affairs (EEA)
RELEASE Illegal landfilling of construction and demolition debris
RESTORATION STATUSRestoration Planning is underway

 

Rubchinuk Landfill Site Settlement

By order of the Suffolk Superior Court entered on March 10, 2010 cash assets totaling  $747,000 were transferred to the Massachusetts Natural Resource Damages Trust for the purpose of identifying and implementing projects to restore blighted properties located in Essex County communities with Environmental Justice neighborhoods into "pocket parks," recreational amenities, community gardens, or like uses.

Natural Resource Trustees

The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is the natural resource Trustee.

Site History

The former Rubchinuk Landfill site, located on East Street in Middleton, Massachusetts, is a property that was contaminated by the illegal landfilling of construction and demolition debris.  Illegal landfilling occurred there from the 1970's until approximately 1989 by the former owners and operators; these activities and impacts have been addressed. 

The Landfill has for many years been the subject of two lawsuits filed by the Commonwealth, entitled Department of Environmental Quality Engineering v. Peter Rubchinuk, Suffolk Superior Court C.A. No. 9140, and Department of Environmental Quality Engineering v. Carleton Rubchinuk, et al., Suffolk Superior Court C.A. No. 85-749.  Through Final Judgments entered by the Court on December 12, 1989, and May 22, 1991, respectively, a Receiver, Michael A. Leon (the "Receiver"), was appointed to arrange for and manage the capping and closure of the Landfill in accordance with all applicable environmental laws and regulations.  The closure has now been accomplished by the Receiver with funds generated by legal, court-sanctioned activities. 

Natural Resource Injury Focus

The Rubchinuk Landfill Site was contaminated by the illegal landfilling of construction and demolition debris.  This type of debris has been illegally dumped at sites across the Commonwealth, causing the host communities extra expense and trouble, and causing health and environmental consequences for nearby residents, especially in Environmental Justice communities, which tend to be less affluent and populated by higher percentages of people of color.

Restoration Planning and Implementation

In March 2011, MassDEP held public informational Meetings in Lawrence and Lynn to discuss potential projects before the Essex County Community Revitalization and Restoration Projects Request for Responses (RFR) is issued in April 2011.  

Rubchinuk Landfill Trustee Contacts

MA Department of Environmental Protection
Karen Pelto
617.292.5785
Karen.Pelto@state.ma.us