EPA v. OLEAN WELL FIELD SITE

Case summary

THIS IS AN ACTION TO RECOVER THE COSTS INCURRED BY EPA IN TAKING AND/OR FUNDING RESPONSE ACTIONS AT THE OLEAN WELL FIELD SITE, AND ASSOCIATED ADMINISTRATIVE, OVERSIGHT AND ENFORCEMENT COSTS. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE SEVERAL IMMEDIATE REMOVAL ACTIONS, AN INITIAL REMEDIAL MEASURE, A PRELIMINARY HYDRO- GEOLOGIC INVESTIGATION, AN RI/FS, AND VARIOUS OTHER INVESTI- GATIONS. THE SITE IS ON THE NATIONAL PRIORITIES LIST. RE- IMBURSEMENT IS SOUGHT FROM SIX RESPONSIBLE PARTIES, EACH OF WHICH IS A PAST AND/OR PRESENT OWNER AND OPERATOR OF A FACI- LITY AT THE SITE, FOR PURPOSES OF 42 USC 9607. THE SITE IS LOCATED IN CATTARAUGUS COUNTY, NY, AND IS CHARACTERIZED BY CONTAMINATED GROUNDWATER UNDERLYING THE CI- TY OF OLEAN, THE TOWN OF OLEAN AND THE TOWN OF PORTVILLE, AND BY CONTAMINATED SOIL IN THE CITY AND TOWN OF OLEAN. TRICHLOROETHYLENE ( TCE ) IS PRESENT IN SOIL AT THE SITE AT LEVELS UP TO & OCCASIONALLY OVER 2,000,000 PPB, AND HAS BEEN DETECTED IN GROUNDWATER AT THE SITE IN CONCENTRATIONS OVER 10,000 PPB. IN ADDITION, SEVERAL OTHER VOC'S HAVE BEEN DE- TECTED AT THE SITE IN SIGNIFICANT CONCENTRATIONS. A NUMBER OF RESPONSE ACTIONS HAVE BEEN PERFORMED AND/OR FUNDED BY EPA AT THE SITE SINCE 1981. AMONG THESE ACTIONS WAS AN RI/FS COMPLETED IN THE SPRING OF 1985. THE EVIDENCE ESTABLISHING DEFENDANTS' LIABILITY UNDER SECTION 107 WAS OB- TAINED BY EPA DURING THE COURSE OF A NUMBER OF INVESTIGA- TIONS CONDUCTED BETWEEN 1981 AND EARLY 1985. PROPOSED RELIEF TO BE SOUGHT: RECOVERY OF ALL DIRECT AND INDIRECT COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS ALL COLLECTION COSTS; IN ADDITION, A DECLARATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES INCURRED BY EPA AT THE SITE. SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES: THIS CASE RAISES ISSUES CONCERNING THE CONSISTENCY OF PARTICULAR RE- SPONSE COSTS WITH THE NATIONAL CONTINGENCY PLAN. 09/01/87: CASE RETURNED TO REGION. REREFERED TO THE DOJ ON 5/18/88 WITH REQUEST FOR APPROVAL OF PARTIAL CONSENT DECREE FOR RECOVERY OF PAST COSTS AT THE OOEAN WELL FIELD SITE, OLEAN N.Y. THE TERMS AND LANGUAGE OF THE DECREE HAVE BEEN DISCUSSED AT LENGTH WITH HEADQUARTERS AND DEPARTMENT OF JUSTICE. * FACILITY NAME: OLEAN WELLS LAUREN STREET OLEAN, N.Y. 14760 OWNERSHIP: PRIVATE SIC CODE: 4593 EPID# NYD980528657

Defendants (6)

• ALUMINUM CO OF AMERICA - PITTSBURGH PANamed in complaintNamed in settlement
• AVX CORP - GREAT NECK NYNamed in complaintNamed in settlement
• COOPER INDUSTRIES INC - HOUSTON TXNamed in complaintNamed in settlement
• MCGRAW-EDISON COMPANY - HOUSTON TXNamed in complaintNamed in settlement
• W R CASE & SONS CUTLERY CO -BRADFORD PANamed in complaintNamed in settlement
• ALCAS CUTLERY CORP - OLEAN NYNamed in complaintNamed in settlement

Facilities (1)

• OLEAN WELL FIELD

  LAUREN ST, OLEAN, NY, 14760

  Registry ID: 110009302977

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• MCGRAW-EDISON, ET ALentered 1989-08-14

  Primary law: CERCLA

• MCGRAW-EDISON, ET ALentered 1992-11-30

  Primary law: CERCLA

  Federal penalty: $50,000

Timeline (10 milestones)

• 1986-09-29Referred To Headquarters
• 1986-09-29Enforcement Action Data Entered
• 1986-12-01Referred To Dept Of Justice
• 1987-09-01Returned To Region
• 1988-05-18Rereferred
• 1988-05-23Complaint Filed With Court
• 1992-11-30Final Order Lodged
• 1992-11-30Final Order Entered
• 1992-11-30Concluded
• 1994-02-28Enforcement Action Closed