EPA v. BERNCOLORS

Case summary

BERNCOLORS OPERATED A DYE MANUFACTURING PLANT IN POUGH- KEEPSIE, N.Y., ON THE WEST BANK OF THE HUDSON RIVER. ON JANUARY 14 1982, THERE WAS AN EXPLOSION AND A FIRE AT THE SITE WHICH DESTROYED A LARGE PART OF THE FACILITY. SINCE THE DYE MANUFACTURING PROCESS USES A LARGE NUMBER OF HAZARD- OUS MATERIALS (REACTIVE, IGNITABLE AND TOXIC), THE RUNOFF RESULTING FROM THE WATER USED TO FIGHT THE FIRE WAS HAZARD- OUS AS WELL. THIS RUNOFF WAS FLOWING DIRECTLY INTO THE HUDSON. THE COAST GUARD WAS ALERTED BY LOCAL AUTHORITIES & PROMPLTY RESPONDED TO THE INCIDENT, USING SUPERFUND MONIES TO EXTINGUISH THE BLAZE AND TO ABATE THE RELEASE OF CONTAMI- NATED RUNOFF. ONCE THE IMMEDIATE THREAT OF A DISCHARGE WAS ABATED, THE COAST GUARD, WITH THE HELP OF EPA & SEVERAL OTHER AGENCIES, ADDRESSED ITSELF TO THE CONTAMINATED RUBBLE THAT WAS LEFT ON SITE. THIS RUBBLE CONSISTED OF THE REMAINS OF THE BUILD- ING, NOT DESTROYED BY THE EXPLOSION AND FIRE, AS WELL AS AN INDETERMINABLE AMOUNT OF CHEMICALS. SINCE THE FACILITY WAS LOCATED IN THE HUDSON RIVER FLOOD PLAIN, THERE WAS A GREAT LIKELIHOOD THAT THERE WOULD BE FURTHER RELEASE OF CONTAMI- NATED MATERIAL BECAUSE AT THE TIME THE HUDSON WAS CHOKED W/ ICE, THREATENING TO FLOOD AND INUNDATE THE SITE. A DETERMI- NATION WAS THEREFORE MADE TO SHIP ALL MATERIALS WHICH WERE OR MIGHT HAVE BEEN CONTAMINATED TO THE CECOS FACILITY IN UP- STATE N.Y. FOR ULTIMATE DISPOSAL. THE TOTAL COST OF THE RESPONSE TO THIS INCIDENT WAS ABOUT $430,000. THE LARGEST PART OF THIS ($340,000) REPRESENTED THE DISPOSAL AT CECOS. * TRUST FUND AMOUNT COLLECTED $ 4.166.67. DATE COLLECTED 10/23/91. $4,166.67 COLLECTED ON 11/20/91+$4,166.67 COLLECTED ON 12/23 91.+ 4,166.67 COLLECTED ON 01/24/92+ 4,166.67 COLLECTED ON 01/24/92. $4,166.67 COLLECTED ON 04/19/93. $4,166.67 COLLECTED ON 05/18/93. $4,166.67 COLLECTED ON 06/17/93. $4,166.67 COLLECTED ON 07/19/93. $4,166.67 COLLECTED ON 10/21/93. $4,166.67 COLLECTED ON 11/19/93. $4,166.67 COLLECTED ON 12/20/93. $4,166.67 COLLECTED ON 02/18/94. $4,166.67 COLLECTED ON 03/17/94. $4,166.67 COLLECTED ON 04/18/94. $4,166.67 COLLECTED ON 06/17/94. $4,166.67 COLLECTED ON 07/15/94. $4,166.67 COLLECTED ON 08/22/94. $4,166.67 COLLECTED ON 09/23/94. $4,166.67 COLLECTED ON 10/19/94.

Defendants (1)

• BERNCOLORS - POUGHKEEPSIE, INCNamed in complaintNamed in settlement

Facilities (1)

• BERNCOLORS-POUGHKEEPSIE INC

  75 N WATER ST, POUGHKEEPSIE, NY, 12601

  Registry ID: 110004336424

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• BERNCOLORS-POUGHKEEPSIE, INC.entered 1985-07-31

  Primary law: CERCLA

Timeline (8 milestones)

• 1982-09-28Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-05-10Referred TO U.S. Attorney
• 1983-10-27Complaint Filed With Court
• 1985-07-31Final Order Lodged
• 1985-07-31Final Order Entered
• 1985-07-31Concluded
• 1987-12-07Enforcement Action Closed