EPA v. YORK OIL CO

Case summary

THE YORK OIL SITE, IN MOIRA, NY, IS THE LOCATION OF AN INACTIVE WASTE OIL RECYCLING FACILITY. INVESTIGATION OF THE SITE HAS REVEALED THAT SIG AMOUNTS OF OIL & PCB'S HAVE BEEN RELEASED ONTO THE SITE AND INTO THE SURROUNDING AREA, INCLUDING ADJACENT WETLANDS. THE YORK OIL CO. OPERATED THE FACILITY FROM THE 1950'S TO THE MID-1970'S. THIS OPERATION WAS ALSO KNOWN AS THE PEIRCE OIL CO. WASTE CRANKCASE AND INDUSTRIAL OILS WERE COLLECTED AND STORED AT THE FACILITY IN LAGOONS & TANKS. THE CO. WAS INVOLUNTARILY DISSOLVED ON JULY 7, 1980. IN APRIL 1979, THE NY STATE DPT OF TRANSPORTATION (NYDOT) DISCOVERED THAT OIL HAD LEACHED FROM THE LAGOONS INTO WETLANDS BELOW THE SITE. ON OR ABOUT 2/21/80, PEIRCE SOLD THE SITE TO TWO RESIDENTS OF MOIRA. IN MARCH 1980, SEVERAL OIL TANKS WERE CUT UP FOR SCRAP METAL AND THE OIL AND SLUDGE WERE RELEASED ONTO THE GROUND AND TOWARDS THE WETLANDS. IN APRIL 1980, REPRESENTATIVES OF NYDOT OF ENVIRONMENTAL CONSERVATION TOOK OIL SAMPLES FOR PCB ANALYSIS WHICH REVEALED LEVELS OF PCB'S AS HIGH AS 342 PARTS PER MILL. (PPM). IN 1980 & 1981, 2 SEPARATE REMOVAL ACTIONS WERE UNDERTAKEN BY THE AGENCY TO MINIMIZE THE MIGRATION OF PCB'S FROM THE SITE. THE 1ST ACTION BEGAN IN SEPT 1980, LASTING UNTIL ABOUT DEC. 1981. THOSE TWO ACTIONS INCLUDED: PARTIAL CLEANUP OF THE WETLANDS AREA, PUMPING OF OIL FROM THE LAGOONS INTO TANKS, SITE GRADING AND ON-SITE DISPOSAL OF CONTAMINATED MATERIALS. IN JULY 1982 THE YORK OIL SITE WAS ADDED TO THE INTERIM PRIORITY SITE LIST, AND IS ON THE PROPOSED NATIONAL PRIORITY LIST. THE ALUMINUM COMPANY OF AMERICA (ALCOA) HAS BEEN CONNECTED AS A GENERATOR OF PCBS THAT WERE RELEASED FROM THE YORK OIL SITE. ACCORDING TO INFORMATION COLLECTED BY THE AGENCY, ALCOA DISPOSED OF WASTE OIL INTO SURFACE IMPOUNDMENTS AT ITS PLANT LOCATED IN MASSENA, NEW YORK. ALCOA ARRANGED WITH EMPLOYEES OF THE PEIRCE OIL COMPANY (I.E.,THE YORK OIL COMPANY, INC.) TO PUMP THE OIL INTO PEIRCE OIL TRUCKS AND TRANSPORT IT BACK TO THE YORK OIL FACILITY IN MOIRA. ALCOA HAS ADMITTED THAT PCB CONCENTRATION IN ONE OF ITS TWO SURFACE IMPOUNDMENTS WAS 310 PPM. THE LAGOON WAS CLOSED IN 1979 IN RESPONSE TO CONCERNS EXPRESSED BY THE STATE OF NEW YORK. THE AGENCY MET WITH ALCOA ON MARCH 8, 1983, TO EXPLORE SETTLEMENT POSSIBILITIES. AT THAT TIME, ALCOA DID NOT EXPRESS A COMMITMENT TO UNDERTAKE CLEANUP ACTIONS. THE REYNOLDS METALS CO.(REYNOLDS) HAS ADMITTED THAT IT SENT WASTE OIL TO THE SITE FROM 1974 TO 1976. IN 1971, 1972 AND 1978, REYNOLDS SENT PCBS OFF-SITE TO OTHER AREAS. REGION II BELIEVES THAT REYNOLDS SENT PCBS TO THE YORK OIL SITE DURING 1974 AND 1976. THE AGENCY IS CONSIDERING UNDERTAKING FURTHER REMEDIAL ACTIONS AT THE SITE. A REMEDIAL INVESTIGATION IS BEING REQUESTED TO COLLECT DATA TO DETERMINE THE EXTENT OF SOIL CONTAMINATION, AND WHETHER THE SITE POSES A THREAT TO THE AREA'S POTABLE WATER SUPPLY WELLS. BASED UPON THE RESULTS OF THAT INVESTIGATION, A FEASIBILITY STUDY IS PROPOSED TO DEVELOP A LONG TERM CLEANUP ALTERNATIVE FOR THE SITE AS WELL AS THE CONTAMINATION OUTSIDE THE SITE.

Defendants (53)

• MOBIL OIL CORPORATIONNamed in settlement
• CRUCIBLE MATERIALS CORP.Named in complaintNamed in settlement
• EASTMAN KODAK CORP.
• EXPRESS SALESNamed in settlement
• GENERAL ELECTRIC CO.Named in complaintNamed in settlement
• ONONDAGA COUNTYNamed in settlement
• PEIRCE, KENNETHNamed in complaint
• REYNOLDS METALS COMPANYNamed in complaintNamed in settlement
• RJR NABISCO, INC.
• RYDER TRUCK RENTAL, INC.Named in settlement
• SEARS, ROEBUCK AND CO.Named in settlement
• SYRACUSE, CITY OFNamed in settlement
• TEXTRON, INC.
• U.S. AIR GROUP, INC.Named in complaintNamed in settlement
• UNITED PARCEL SERVICE, INC.Named in settlement
• US DEPT. OF THE AIR FORCENamed in settlement
• US DEPT. OF THE ARMYNamed in settlement
• US DEPT. OF TRANSPORTATIONNamed in settlement
• US POSTAL SERVICENamed in settlement
• UTICA CORP.Named in settlement
• WHITEMAN CHEVROLET, INC.Named in settlement
• ALCOANamed in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement
• GLEN CAMPBELL CHEVROLET, INC.Named in settlement
• GOODYEAR TIRE & RUBBER COMPANY, THENamed in settlement
• …and 28 more

Facilities (1)

• YORK OIL CO.

  N LAWRENCE RD, MOIRA, NY, 12957

  Registry ID: 110009342416

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• PEIRCE, ET ALentered 1996-08-10

  Primary law: CERCLA

• PEIRCE, KENNETH ET AL (II)entered 1997-01-22

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-12-28Referred To Headquarters
• 1983-08-09Referred To Dept Of Justice
• 1983-12-09Referred TO U.S. Attorney
• 1983-12-09Complaint Filed With Court
• 1996-11-07Final Order Lodged
• 1997-01-22Final Order Entered
• 1997-01-22Concluded