Martin v. United States

934 F. Supp. 159, 1996 U.S. Dist. LEXIS 11771, 1996 WL 455981
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 13, 1996
DocketNo. 95-CV-2543
StatusPublished

This text of 934 F. Supp. 159 (Martin v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. United States, 934 F. Supp. 159, 1996 U.S. Dist. LEXIS 11771, 1996 WL 455981 (E.D. Pa. 1996).

Opinion

DECISION

JOYNER, District Judge.

Today we make findings of fact and conclusions of law in this Federal Tort Claims Act matter. 28 U.S.C. §§ 2671-80 (1994). A bifurcated portion of the case was tried to this Court over the course of a three day-period in June, 1996. Plaintiffs are eleven individuals who live in Casey Village, a neighborhood that abuts the Naval Air Warfare Center in Warminster, Pennsylvania (“NAWC”). Plaintiffs allege . that contaminants originating from NAWC’s waste disposal sites reached their groundwater and that they suffered compensable harm as a result. As a result, Plaintiffs have sued the United States of America for damages. The bifurcated June trial addressed the narrow issue of “whether or not contaminants from the waste disposal sites on the NAWC actually reached Plaintiffs’ wells.” Stip. at 1. The parties have submitted proposed findings of fact and conclusions of law, and the matter is now ripe for decision. Accordingly, this Court makes the following factual findings and legal conclusions pursuant to Fed. R.Civ.P. 52.

FINDINGS OF FACT

The Parties

1. The NAWC is a Navy research and development center that has been in operation since 1944 and is scheduled for closure in 1997. Stip. at 1.

2. The NAWC is located on over 700 acres of land in Warminster Township, Bucks County, Pennsylvania. Id., at 2.

3. In the late 1940s, the NAWC instituted an industrial waste treatment system that ceased operation in 1994. All drains on the western side of NAWC are connected to this waste treatment system. Id.

4. The base contains eight former waste disposal sites that were placed under environmental investigation in 1979. Id. at 3.

5. Casey Village is a residential community that abuts the NAWC’s northeast edge. Id.

6. Both the NAWC and Casey Village’s groundwater are contaminated with pollutants including tetrachloroethene (“PCE”) and trichloroethane (“TCE”). Id. at 4, 8.

7. The parties agree that four of the NAWC disposal sites (known as sites 1, 2, 3 & 8) are not responsible for the groundwater contamination found in Casey Village. The parties disagree as to whether sites 4, 5, 6 & 7 are responsible for the groundwater contamination at Casey Village. Id. at 3.

8. Site 4 is located approximately 4,000 feet west of Casey Village and sites 5, 6 & 7 are located approximately 2,000 to 3,500 feet west of Casey Village. Id.

9. All Plaintiffs either live in or own residences in Casey Village. Id. at 7.

10. The runway, which runs from the base’s southwest point to its northeast point is the NAWC’s highest elevation. The runway passes between site 4 and sites 5-7. Id. at 2; Def. Ex. 6.

11. Before 1978, no residence in Casey Village was hooked up to public sewer or water. Rather, each residence used its own well for water, and septic or cesspool systems for waste. Stip. at 7.

12. In 1978, Casey Village was hooked up to the public sewer system. Hopely Dep., p. 58. Casey Village was not hooked up to the public water system until 1993, after the groundwater contamination was discovered. Tr., 6/18/96, p. 46.

Environmental Contamination

13. In 1979, the EPA placed the NAWC under investigation for PCE and TCE. Stip. at 4.

14. Over the next ten years, the Navy conducted an environmental investigation of the NAWC. Id.

15. In 1989, the NAWC was placed on the National Priorities List pursuant to the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601-75 (1995) (“CERCLA”). Stip. at 4.

16. Since 1989, the EPA and Pennsylvania’s Department of Environmental Protection have conducted remedial investigations and [161]*161have cleaned up areas of the NAWC, including the eight waste sites. Id.

17. Some of the investigations include testing of the original test wells, as well as several hundred on-base test wells and several hundred off-base test wells on the perimeter of the NAWC. Many other tests include taking soil boring samples and conducting soil gas, fracture trace and pumping test studies. Id. at 5.

18. Casey Village contains two “plumes” of contamination, a PCE plume and a TCE plume. Tr, 6/18/96, pp. 132-33.

19. One Casey Village resident, Joseph Warren, ran a septic tank and cesspool cleaning business out of his home from 1964 until 1976. Hopely Dep. at 52-53; Clawges Dep. at 35-37; Greenstreet Dep. at 63-66; Def. Ex. 51; Def.Ex. 52.

20. Mr. Warren’s business advertised that it chemically treated septic systems, but also that he disposed of his waste at a licensed dump. Def. Ex. 51.

21. TCE was commonly used to clean septic systems. Tr, 6/17/96, p. 162.

22. The TCE contamination at Mr. Warren’s residence registered 1200 ppb in both 1993 and 1994. In 1996, the same well registered 430 ppb of TCE. Tr, 6/18/96, pp. 45, 49.

23. Plaintiffs’ expert agreed that the TCE found at Mr. Warren’s former residence could be the contamination source of TCE at Casey Village and that it also would be consistent with a finding that Mr. Warren had disposed of waste into his own well. Tr, 6/17/96, p. 163-64.

Expert’s Theories

24. Plaintiffs’ expert, Mr. Paul Naehlas, opined that Plaintiffs’ groundwater was contaminated by Defendant’s groundwater. Briefly, his theory is that the NAWC/Casey Village area is highly fractured, which creates large channels through which groundwater can flow. When Casey Village’s wells were in full use, they required more water than their groundwater could supply; therefore, they “reached out” to other groundwater sources, namely, the NAWC groundwater. The wells’ need was so great, they reversed some of the natural groundwater flow of sites 4-7 to bring some NAWC water, and its contaminants, to the wells in Casey Village. Tr, 6/17/96, pp. 21,117-19.

25. Defendant’s experts opined that the Casey Village groundwater was not, and could not, have been contaminated by groundwater at the NAWC for a number of reasons including the directions in which the groundwater at sites 4-7 flow; the existence of a “groundwater divide” between the NAWC and Casey Village; the nature of the contaminant distribution and the higher elevation of Casey Village in relation to the NAWC.

Plaintiffs’ Evidence

26. There is no evidence of an industrial site with groundwater contamination immediately southeast of Casey Village nor evidence that there was ever industrial activity on the site before Casey Village was built. Tr, 6/18/96, p. 125; Ames Dep. at 122.

27. The experts agreed that the bedrock in and around the NAWC is highly fractured and that fractures can provide preferential pathways through which groundwater can flow. Tr, 6/17/96, p. 59; Tr, 6/18/96, p. 17.

28.

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934 F. Supp. 159, 1996 U.S. Dist. LEXIS 11771, 1996 WL 455981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-united-states-paed-1996.