Jahmal Mosley, Ed. D.
Superintendent
Garth McKinney, Ed. D.
N A S i UA Assistant Superintendent
so SCHOOL DISTRICT
Donna Fitzpatrick, Ed. S. Pa] Joo Daniel Donovan
Gateway to Opportunity
Assistant Superintendent Chief Operating Officer
To: Board of Alderman
From: Daniel Donovan
Date: January 5, 2021
RE: One Time Budget Funds FY21
Although Congress provided liability protection under CERCLA for BFPPs to encourage the
purchase and reuse of contaminated properties, the property they acquire may be subject to a
windfall lien pursuant to CERCLA § 107(r) if there are unrecovered response costs incurred by
the United States and the response action increases the fair market value of the property. Unlike
a CERCLA § 107(/) lien (aka “Superfund lien’), a windfall lien is not a lien for all the Agency’s
unrecovered response costs. The windfall lien is limited to the lesser of the Agency’s
substances present in soils, sludges, and contaminated waste originating from the Mohawk
Tannery, if not addressed by implementing the response actions selected in the Action
Memorandum and Addendum, will continue to pose a threat to human health and the
environment. The 2019 Action Memorandum primarily addressed tannery soil and sludge
contamination on the Mohawk Tannery northern and southern parcels. The Action Memorandum
anticipated that the NTCRA would be performed in connection with private party redevelopment
of the Site.
ADDITIONAL CONTEXT
Mohawk Tannery Site, CERCLA Docket No. 01-2020-0063.
General Purpose
Under the federal Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, commonly referred to as Superfund),! the Agency’s mission is to protect human
health and the environment from the actual or potential risks posed by exposure to contaminated
or potentially contaminated land and other media. A Superfund cleanup can help return lands to
productive reuse.
Property Status
Under the agreement, Blaylock will perform the cleanup selected for this Site. This agreement is unique in that the cleanup costs
are being shared with the developer, who will be reimbursed by EPA for part of the project cost. The agreement was developed in
coordination with the City of Nashua and the New Hampshire Department of Environmental Services. The cleanup work addresses
hazardous substances in soils, sludges, and contaminated waste in order to eliminate the threat posed to human health and the
Cleaning Up New England
SITE UPDATE
Mohawk Tannery Site
Nashua, NH
to productive use.
THE SUPERFUND PROGRAM™ protects human health
and the environment by investigating and cleaning up often-abandoned
\ hazardouswastesites andengagingcommunitiesthroughoutthe process.
Many of these sites are complex and need long-term cleanup actions.
Those responsible for contamination are held liable for cleanup costs.
EPA strives to return previously contaminated land and groundwater
SITE HISTORY:
gotten very far on this front. It is my understanding, the EPA is providing a substantial amount
of financial assistance, but not 100% of the project cost and there is a gap needing to be filled.
In conclusion, we will be continuing to discuss the idea and concept with Baylock and there are
certainly alot more details that need to be understood and worked out, but I wanted to provide
you with an update as this is an environmentally sensitive land area that abuts a residential
neighborhood that Iam sure will have a keen interest in this matter.
4529) THE CITY OF NASHUA “The Cate City”
The Office of Economic Development- Parking Department
TO: Board of Aldermen
FROM: Tim Cummings, Director of Economic Development
CC:
DATE: Mach 1, 2021
RE: General Status Update on Mohawk Tannery
I am writing in an effort to provide an update on the Mohawk Tannery site. Enclosed you’ll find
a background memo, which outlines the general purpose, rational, history and current status of
the site.
