Peterborough’s New Hampshire Ball Bearing Company sued the two companies because the environmental barrier they built in 2014 failed to reduce groundwater pollutants at Peterborough’s South Well Superfund Site in accordance with the standards set by the U.S. Environmental Protection Agency.
In a preliminary statement in February 2018, Peterborough accused the Ohio-based project manager and hydrogeological consulting firm Hull & Associates and New Jersey-based GeoSierra Environmental Inc. of breach of contract and negligence in the development and installation of permeable pipes. A reactive barrier involving zero-valent iron, a system designed to reduce the concentration of chlorinated volatile organic compounds (CVOC) in groundwater. Representatives of the two contracted companies denied all allegations of misconduct.
An NHBB representative told Ledger-Transcript in 2015 that NHBB paid approximately $13.6 million to build the barrier. NHBB was led to believe that GeoSierra's patented specific technology can treat water in accordance with EPA standards and will cause less disturbance to surrounding areas when installed, which includes wetlands according to court documents. According to court documents, in 2018, the EPA concluded that the new treatment method did not meet the standards. A third-party consultant hired by NHBB determined that the design of the filtration system was based on incorrect data and would never meet the EPA's requirements.
The permeable reactive barrier replaced the pump system built in 1994, and the EPA determined that the system no longer adequately treats water. Since CVOC pollutants were detected in the town’s south well in 1982, the site has been cleaned up. EPA requires NHBB to reduce pollutants so that the well can be used for drinking water when needed.
The case was held at a pre-trial meeting on May 8, and the parties are negotiating the date of the jury trial. A representative of NHBB stated that she would not comment because the case is ongoing.
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