EPA v. VOLNEY LANDFILL

Case summary

THIS ACTION IS BASED ON HAZARDOUS SUBSTANCES WHICH WERE SENT BY MOST OF THE PROPOSED GENERATOR DEFENDANTS TO THE PAS SITE FOR DISPOSAL. APPROXIMATELY 8,000 DRUMS (SOME, BUT NOT ALL OF WHICH MAY HAVE BEEN 'EMPTY') WERE SHIPPED FROM THE PAS SITE TO THE VOLNEY SITE. NO RECORDS WERE KEPT OF THESE SHIPMENTS. SUBSTANCES OF THE TYPE KNOWN TO HAVE BEEN SENT BY THE PROPOSED GENERATOR DEFENDANTS TO THE PAS SITE ARE KNOWN TO BE PRESENT AT THE VOLNEY SITE. EPA HAS IN CURRED COSTS IN CONDUCTING REMEDIAL ACTIONS, INCLUDING A REMEDIAL INVESTIGATION/FEASIBILITYSTUDY (RI/FS) AT THE VOLNEY SITE. EPA'S THEORY HOLDING THE PROPOSED GENERATOR DEFENDANTS LIABLE FOR THE CONDITIONS AT THE VOLNEY SITE HAS BEEN CONSIDERED & ACCEPTED BY SEVERAL COURTS. THE PROPOSED ACTION AGAINST THOSE GENERATORS WHO HAD NO ASSOCIATION WITH THE PAS SITE IS BASED UPON THEIR SHIPMENTS OF HAZARDOUS SUBSTANCES DIRECTLY TO THE VOLNEY SITE. THE PROPOSED ACTION AGAINST THE OWNERS AND OPERATORS OF THE VOLNEY SITE IS BASED UPON THE PAST AND CURRENT OWNERSHIP OF THE SITE BY THOSE PARTIES. THE PROPOSED RELIEF EPA SEEKS; 1) RECOVERY OF ALL COSTS WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS INTEREST; AND 2) A DECLARATORY JUDGMENT AS TO THE PROPOSED DEFENDANTS' LIABILITY OF FUTURE EXPENSES TO BE INCURRED BY EPA AT THE SITE.

Defendants (47)

• ALCAN ALUMINUM CORPNamed in complaintNamed in settlement
• AMERICAN STANDARD INCNamed in complaintNamed in settlement
• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• JONES CHEMICALS INCNamed in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• PFIZER INCNamed in complaintNamed in settlement
• SCHENECTADY CHEMICALS INC
• OSWEGO VALLEY SOLID REFUSE DISPOSAL DISTNamed in complaintNamed in settlement
• OSWEGO, COUNTY OFNamed in complaintNamed in settlement
• OWENS-BROCKWAY GLASS CONTAINER INCNamed in complaintNamed in settlement
• PHOENIX, VILLAGE OFNamed in complaintNamed in settlement
• REVERE WARE CORPNamed in complaintNamed in settlement
• ROTRON INCNamed in complaintNamed in settlement
• SCHENECTADY INTERNATIONAL INCNamed in complaintNamed in settlement
• SCHROEPPEL, TOWN OFNamed in complaintNamed in settlement
• SEALRIGHT CO INC
• SEALRIGHT MANUFACTURING FULTON INCNamed in complaintNamed in settlement
• SHELL OIL COMPANYNamed in settlement
• SONOCO FLEXIBLE PKG INC AKA MORRILL PRESNamed in complaintNamed in settlement
• SONOCO FLEXIBLE PKG INC FKA ENGRAPH INCNamed in complaintNamed in settlement
• STATE UNIVERSITEY OF NEW YORKNamed in complaintNamed in settlement
• UPSTATE MEDICAL CENTER
• VOLNEY, TOWN OFNamed in complaintNamed in settlement
• ALLIEDSIGNAL INCNamed in complaintNamed in settlement
• AMERICAN CAN COMPANY, PRIMERICA CORP
• …and 22 more

Facilities (1)

• OSWEGO COUNTY VALLEY LANDFILL

  SILK & HOWARDS RD, VOLNEY, NY, 13069

  Registry ID: 110072172060

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• COUNTY OF OSWEGO, ET ALentered 1998-10-09

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-09-30Referred To Headquarters
• 1987-11-17Referred To Dept Of Justice
• 1988-02-23Returned To Region
• 1990-09-28Rereferred
• 1998-06-24Final Order Lodged
• 1998-06-24Complaint Filed With Court
• 1998-10-09Final Order Entered
• 1998-10-09Concluded