EPA v. ALCAN ALUMINUM CORP ET AL

Case summary

THIS CIVIL ACTION RECOMMENDS THE INITIATION OF A COST RECOVERY ACTION, PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C. 9607, FOR RECOVERY, FROM THE OVER 100 POTENTIALLY RESPONSIBLE PARTIES AT THE POLLUTION ABATEMENT SERVICES ( PAS ) SITE, OF EXPENSES INCURRED FOR REMOVAL AND REMEDIAL ACTIONS AT THAT SITE. FOLLOWING NUMEROUS OIL SPILLS AND ENVIRONMENTAL VIOLATIONS DURING ITS SEVEN YEAR OPERATING HISTORY, IN JULY, 1977, EPA OBTAINED AN INJUNCTION AGAINST THE CONTINUED OPERATION OF THE PAS FACILITY. THE COURT ALSO ORDERED EPA TO BEGIN CLEAN-UP ACTIVITIES AT THE SITE. THESE EARLY CLEANUP ACTIVITIES WERE FINANCED WITH CWA FUNDS. AFTER THE PASSAGE OF SUPERFUND, THE REMEDIATION OF THE SITE CONTINUED, FIRST WITH AN IMMEDIATE REMOVAL CARRIED OUT BY EPA AND THEN WITH A SUPERFICIAL CLEANUP CONDUCTED BY THE STATE OF N.Y., PURSUANT TO A COOPERATIVE AGREEMENT. THE STATE IS NOW PREPARING TO REMEDIATE THE GROUNDWATER AT THE SITE. THE POTENTIALLY RESPONSIBLE PARTIES HAVE BEEN IDENTIFIED VIA INVOICES AND MANIFESTS, WHICH ALSO INDICATE THE TYPE AND QUANTITY OF THE HAZARDOUS SUBSTANCES DISPOSED OF AT THE SITE. PROPOSED RELIEF TO BE SOUGHT: RECOVERY OF BOTH PRE-CERCLA CLEAN-UP COSTS (APPROXIMATELY $1.7 MILLION) AND COSTS OF THE IMMEDIATE REMOVAL AND THE SURFICIAL CLEAN-UP (APPROXIMATELY $3.1 MILLION) PLUS ASSOCIATED ADMINISTRATIVE EXPENSES. RECENT CONTACTS WITH THE DEFENDANT: THERE ARE OVER 100 DEFENDANTS IN THIS ACTION; THESE INCLUDE THE DEFENDANTS IN THE REFUSE ACT CASE, AS WELL AS THE GENERATORS AND TRANSPORTERS OF THE HAZARDOUS SUBSTANCES DISPOSED OF AT THE SITE (COLLECTIVELY REFERRED TO AS THE PRPS ). THE GENERATORS AND TRANSPORTERS HAVE ORGANIZED THEMSELVES INTO A STEERING COMMITTEE WITH LEGAL AND TECHNICAL SUBCOMMITTEES. EPA IS ENGAGED IN ACTIVE SETTLEMENT NEGOTIATIONS WITH THE PAS STEERING COMMITTEE. SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES: THIS CASE SEEKS RECOVERY OF PRE-CERCLA COSTS. THE INSPECTIONS OF THE PAS SITE WHICH YIELDED THE INFORMATION ON WHICH THE PROPOSED ACTION IS BASED GENERALLY TOOK PLACE IN THE CONTEXT OF REMEDIAL ACTIVITIES AT THE SITE. THE RELEVANT PERIOD WOULD BE FROM MID-1977 TO DATE. THE RI/FS, ON WHICH ALL SUBSEQUENT REMEDIATION WILL BE BASED, WAS COMPLETED IN JANUARY, 1984. PARTIAL DECREE FILED: 10/05/87. PARTIAL CD ENTERED IN CDETS CD #02-87-C026 FOR ALL RESPONSE COSTS UP TO AND INCLUDING APRIL 1, 1987. U.S. CLAIMS: $11,519,440.32. STATE CLAIMS: $800,110.72. THE SETTLING DEFENDANTS SHALL MAKE PAYMENTS REPRESENTING 73% OF THE ABOVE AMOUNTS. SETTLING DEF'S PAY TO U.S. $7,153,738.60. SETTLING DEF'S PAY TO U.S. COAST GUARD 1,360,279.74. SETTLING DEF'S PAY TO STATE $591,361.83. 11/08/00 - JUDGMENT ENTERED $12,201. ACTION TAKEN AGAINST DEFENDANT IN ENFORCEMENT ACTION #02-2005-0012, RESOLVES THE RESPONSIBILITY OF COST RECOVERY PAYMENT.

Defendants (146)

• CAMDEN WIRE CO INCNamed in complaintNamed in settlement
• CARRIER CORPNamed in complaintNamed in settlement
• CORNELL UNIVERSITY
• CORNING GLASS WORKS
• CRUCIBLE MATERIALS CORPNamed in complaintNamed in settlement
• EVANS CHEMETICS INC
• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• AMERICAN CAN CONamed in complaintNamed in settlement
• AMERICAN STANDARD INCNamed in complaintNamed in settlement
• BENDIX CORPNamed in complaintNamed in settlement
• SEALAND RESTORATION
• AGWAY INCNamed in complaintNamed in settlement
• ALCAN ALUMINUM CORPNamed in complaintNamed in settlement
• ALLIED CORPNamed in complaintNamed in settlement
• W.R. GRACE & CONamed in complaintNamed in settlement
• WILSON SPORTING GOODS CONamed in complaintNamed in settlement
• WINTHROP LABS, RENSSELAER, NY
• XEROX CORP, ROCHESTER, NYNamed in complaintNamed in settlement
• MILLER, JACK, VICE PRESIDENT OF PAS
• MINNESOTA MINING MFG, ST PAUL, MINN
• MINUTE MAN SERVICES, ROCHESTER, NY
• MOBIL CHEM CO, NEW YORK, NY
• SUN CHEMICAL CORP, NEW YORK, NY
• A.R. GUNDRY INC., ROCHESTER, NY
• AMERADA-HESS CORP
• …and 121 more

Facilities (1)

• POLLUTION ABATEMENT SERVICES

  55 SENECA ST, OSWEGO, NY, 13126

  Registry ID: 110009260806

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• ALCAN ALUMINUM CORPORATION ET ALentered 2000-11-08

  Primary law: CERCLA

• ALCAN ALUMINUM ET AL (PAS)entered 1987-10-05

  Primary law: CERCLA

Timeline (8 milestones)

• 1983-04-23Enforcement Action Data Entered
• 1985-12-31Referred To Headquarters
• 1986-02-13Referred To Dept Of Justice
• 1987-07-10Complaint Filed With Court
• 2000-11-08Final Order Lodged
• 2000-11-08Final Order Entered
• 2000-11-08Concluded
• 2005-11-17Enforcement Action Closed