EPA v. ELINCO ASSOCIATES

Case summary

THE KELLOGG-DEERING SITE IS LOCATED IN NORWALK, CT. THE SITE INCLUDES A 10-ACRE PUBLIC WATER SUPPLY WELL FIELD LOCATED ALONG THE WESTERN BANK OF THE NORWALK RIVER AND ADJACENT AREAS THAT HAVE CONTRIBUTED TO THE CONTAMINATION OF THE WELL FIELD. THE WELL FIELD IS OWNED AND OPERATED BY THE NORWALK FIRST TAXING DISTRICT WATER DEPARTMENT. IT CONSISTS OF FOUR WELLS THAT SUPPLY APPROXIMATELY 25 PERCENT OF THE WATER FOR NORWALK'S 45,000 RESIDENTS. TRICLOROETHENE WAS FIRST DISCOVERED AT THE WELL FIELD DURING ROUTINE MONITORING BY THE NORWALK CITY HEALTH DEPARTMENT IN 1975. THE WELL FIELD WAS SHUT DOWN UNTIL 1981, WHEN THE NFTD WATER DEPARTMENT INSTALLED A WELLHEAD TREATMENT SYSTEM. THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST IN 1984. EPA ESTIMATES THAT THERE ARE 20,165 POUNDS OF TCE CONTAMINATING THE SOIL AND GROUNDWATER AT THE SITE. OTHER CONTAMINATES THAT HAVE BEEN DETECTED AT THE SITE INCLUDE, AMONG OTHERS, TETRACHLOROETHENE, 1,2 DICHLOROETHENE, METHYLENE CHLORIDE, TOLUENE, ETHYLBENZENE, TOLUENE AND BENZENE.(CON'T) ELINCO ASSOCIATES PURCHASED PROPERTY AT THE SITE IN 1986. COFAT AND PARTNERS IS THE SOLE GENERAL PARTNER OF ELINCO AND OWNS A 70 PERCENT INTEREST IN ELINCO. UNDER THE CONSENT DECREE, ELINCO AGREES TO REIMBURSE THE UNITED STATES $255,000 IN PAST RESPONSE COSTS RELATING TO THE THE FIRST AND SECOND OPERABLE UNITS AND $30,000 AS SETTLEMENT OF EPA'S CLAIMS RELATING TO ELINCO'S NON-COMPLIANCE WITH AN EPA ADMINISTRATIVE ORDER, DOCKET NO. I-90-1132, ISSUED ON SEPTEMBER 28, 1990. ELINCO FURTHER AGREES TO PAY EPA A PORTION OF THE PROCEEDS RESULTING FROM ANY SALE OF ELINCO'S SITE PROPERTY, AFTER PAYMENT OF THEIR OUTSTANDING MORTGAGE AND THEIR CUSTOMARY SALE COSTS, UP TO $1,703,652. ELINCO AND COFAT PARTNERS WILL RECEIVE A COVENANT NOT TO SUE WITH RESPECT TO PAST RESPONSE COSTS. ELINCO AND COFAT ARE NOT RELEASED FOR THE PERFORMANCE OF THE SECOND OPERABLE UNIT REMEDY, WHICH IS CURRENTLY BEING PERFORMED BY PARTIES TO A PRIOR CONSENT DECREE. ELINCO AND COFAT ARE NOT RELEASED FROM ANY LIABILITY REGARDING PAST COSTS RELATED TO ANY FUTUTE OPERABLE UNITS.

Defendants (1)

• ELINCO ASSOCIATESNamed in complaintNamed in settlement

Facilities (1)

• KELLOGG-DEERING WELL FIELD

  345 MAIN ST, NORWALK, CT, 06856

  Registry ID: 110028889317

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ELINCO ASSOCIATESentered 1996-05-22

  Primary law: CERCLA

  Federal penalty: $30,000

Timeline (6 milestones)

• 1986-07-26Enforcement Action Data Entered
• 1994-06-02Referred To Dept Of Justice
• 1994-07-26Complaint Filed With Court
• 1996-05-22Final Order Lodged
• 1996-05-22Final Order Entered
• 1996-05-22Concluded