“In America, the Law is King”

The Maine Department of Environmental Protection (DEP) has issued a second Notice of Violation (NOV) to a manufacturing facility because of the lack of meaningful progress remediating the former chloralkali manufacturing facililty located along the Penobscot River in Orrington.  Named in the two NOVs are Mallinckrodt US LLC/Medtronic.  The first manufactures pharmaceuicals and the latter manufactures health care products.

The DEP has pursued the site’s cleanup since 2008 and, under DEP oversight, progress has been achieved remediating the area.  In 2008, the DEP issued an Order requiring remediation of all soil contaminaed with mercury, chloropicrin and other contaminants, removal of the industrial sewer and establishment of financial assurance mechanisms.  This was affirmed by the Board of Environmental Protection’s (BEP) 2010 Order.  However, large areas of soil contaminated by mercury and chloropiorin above the site-specific standard established by order of the Board of Environmental Protection for the protection of public health, safety and the envronment remain on the site unremediated.  The industrial sewer has yet to be removed and Mallinckrodt has failed to establish the required financial assurance mechanism.

Mallinckrodt’s response to the DEP’s March 19, 2025 NOV was deemed insufficient by the DEP to satisfy the Orders’ clear requirements.  In accordance with Maine law and the Department’s orders, the DEP expects that Mallinckrodt will immediately resume efforts to accomplish site remediation according to a press release received this morning from the MaineDEP.

The chloralkali (referred to above) is an industrial method that is used in manufacturing many essential products like PVC, soaps, paper and pharmaceuticals.