EPA v. FULTON TERMINALS INC

Case summary

HAZARDOUS SUBSTANCES WERE SENT BY THE GENERATOR DEFENDANTS TO THE PAS SITE FOR DISPOSAL. BETWEEN 1971 AND 1977, HAZARDOUS SUBSTANCES WERE SHIPPED IN BULK FROM THE PAS SITE TO THE FULTON SITE. SUBSTANCES OF THE TYPES KNOWN TO HAVE BEEN SENT BY THE GENERATOR DEFENDANTS, IN BULK, TO THE PAS SITE DURING THE RELEVANT PERIOD ARE ALSO KNOWN TO HAVE BEEN PRESENT AT THE FULTON SITE. EACH SUCH PAS GENERATOR IS THEREFORE ALSO A GENERATOR AT THE FULTON SITE. EPA HAS INCURRED COSTS IN CONDUCTING REMOVAL AND REMEDIAL ACTIONS AT THE FULTON SITE. EPA'S THEORY HOLDING THE PROPOSED GENERATOR DEFENDANTS LIABLE FOR THE CONDITIONS AT THE FULTON SITE HAS BEEN ACCEPTED BY SEVERAL COURTS. THE ACTION AGAINST THE OWNERS AND OR OPERATOR OF THE FULTON SITE IS BASED UPON THAT PARTY'S OWNERSHIP OF THE SITE. EPA SEEKS PROPOSED RELIEF OF: 1) RECOVERY OF ALL COSTS WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS PRE-JUDGMENT INTEREST; B) CIVIL PENALTIES AND PUNITIVE DAMAGES FOR NON-COMPLIANCE WITH AN ADMINISTRATIVE ORDER; AND C) A DECLARATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA AT THE SITE. * CONSENT DECREE WAS ENTERED CD# 02-1992-C002 * PAID DECEMBER $500,000.00 ON 12/24/91 (PAST COSTS). * PAID ALL OVERSIGHT COSTS PER CD. * CD SATISIFIED ALL TERMS MET ON SEPT. 30, 2001. CD AND THIS CASE CLOSED. *

Defendants (102)

• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• GRIFFISS AIR FORCE BASE
• INTERNATIONAL PAPER CONamed in complaintNamed in settlement
• MOBIL OIL CORPNamed in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• PFIZER INCNamed in complaintNamed in settlement
• SCHENECTADY CHEMICALS INCNamed in complaintNamed in settlement
• SYRACUSE UNIVERSITY
• TENNECO INCNamed in complaintNamed in settlement
• TEXACO INC
• XEROX CORPNamed in complaintNamed in settlement
• CITGO
• EVANS CHEMETICS INC
• AGWAY INCNamed in complaintNamed in settlement
• ALCAN ALUMINUM CORP
• BRISTOL-MYERS SQUIBB CONamed in complaintNamed in settlement
• CARRIER CORPNamed in complaintNamed in settlement
• CHEVRON USA FOR GULF OIL CORPNamed in complaintNamed in settlement
• CITIES SERVICES OIL CO
• ADAMS, R.P.
• ALLIED SIGNALNamed in complaintNamed in settlement
• AMOCO CORPORATION (AMERICAN OIL CO)Named in complaintNamed in settlement
• ASHLAND CHEMICAL CO
• ATLANTIC RICHFIELD CORPNamed in complaintNamed in settlement
• …and 77 more

Facilities (1)

• USEPA REGION 2 FULTON TERMINAL INC

  SHAW ST & RTE 57, FULTON, NY, 13069

  Registry ID: 110008022148

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• FULTON TERMINALSentered 1991-12-13

  Primary law: CERCLA

Timeline (9 milestones)

• 1987-09-30Referred To Headquarters
• 1987-11-17Referred To Dept Of Justice
• 1988-02-23Returned To Region
• 1990-09-29Rereferred
• 1991-03-14Final Order Lodged
• 1991-03-14Complaint Filed With Court
• 1991-12-13Final Order Entered
• 1991-12-13Concluded
• 2001-09-30Enforcement Action Closed