EPA v. CLOTHIER DISPOSAL SITE

Case summary

THE PROPOSED DEFENDANTS INCLUDE GENERATORS WHOSE HAZARDOUS SUBSTANCES CAME TO BE LOCATED AT THE CLOTHIER DISPOSAL SITE, THE OWNER AND/OR OPERATOR OF THE SITE, AND AN OWNER AND/OR OPERATOR OF THE POLLUTION ABATEMENT SERVICES OF OSWEGO, INC. ( PAS ) SITE TO WHICH THE CLOTHIER HAZARDOUS SUBSTANCES WERE ORIGINALLY SHIPPED FOR DISPOSAL AND FROM WHICH THEY WERE SENT FOR REDISPOSAL AT THE CLOTHIER SITE. HAZARDOUS SUBSTANCES WERE SENT BY THE PROPOSED GENERATOR DEFENDANTS TO THE PAS SITE FOR DISPOSAL. APPROXIMATELY 2,200 DRUMS OF HAZARDOUS SUBSTANCES WERE SHIPPED FROM THE PAS SITE TO THE CLOTHIER SITE. HAZARDOUS SUBSTANCES OF THE TYPES KNOWN TO HAVE BEEN SENT BY THE PROPOSED GENERATOR DEFENDANTS, IN DRUMS, TO THE PAS SITE ARE ALSO KNOWN TO HAVE BEEN PRESENT AT THE CLOTHIER SITE. EACH SUCH PAS GENERATOR IS THERFORE ALSO A GENERATOR AT THE CLOTHIER SITE. EPA HAS INCURRED COSTS IN CONDUCTING REMOVAL AND REMEDIAL ACTIONS AT THE CLOTHIER SITE. EPA'S THEORY HOLDING THE PROPOSED GENER- ATOR DEFENDANTS LIABLE FOR THE CONDITIONS AT THE CLOTHIER SITE HAS BEEN ACCEPTED BY SEVERAL COURTS. THE PROPOSED ACTION AGAINST THE OWNER AND/OR OPERATOR OF THE CLOTHIER 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-JUGEMENT INTEREST; 2) CIVIL PENALTIES AND PUNITIVE DAMAGES FOR NON-COMPLIANCE WITH AN ADMINISTRATIVE ORDER, AND 3) A DECLARATORY JUGEMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA AT THE SITE. ********* CASE REREFERRED TO DOJ ON 5/9/89 WITH CONSENT DECREE (SIGNED BY PARTIES WHICH ARE TO PERFORM RD/RA, AND EPA REGION 2 OFFICIALS), WHICH PROVIDES FOR THE PERFORMANCE BY THOSE PRIVATE PARTIES OF THE REMEDIAL DESIGN AND REMEDIAL ACTION AT THE SITE REQUIRED BY THE ROD ISSUED 12/28/88. THE PRPS ARE OBLIGATED TO REIMBURSE EPA FOR ITS COSTS INCURRED IN CONNECTION WITH OVERSIGHT OF THEIR PERFORMANCE OF THE RD/RA AND FOR STIPULATED PENALTIES FOR ANY WORK THAT DOES NOT CONFORM TO THE REQUIREMENTS OF THE CONSENT DECREE OR OF THE PLANS APPROVED BY EPA PURSUANT TO THE DECREE. *LATER SETTLEMENTS WILL COVER COST RECOVERY, CIVIL PENALTIES AND PUNITIVE TREBLE DAMAGES. * FACILITY NAME: CLOTHIER SITE (PAS) 5 GRANBY RD GRANBY, NY 13069 OWNERSHIP: P SIC CODE: 4953 EPID# NYD000511576

Defendants (28)

• AMERICAN STANDARD INCNamed in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• MORRILL PRESS INCNamed in complaintNamed in settlement
• SCHENECTADY CHEMICAL INCNamed in complaintNamed in settlement
• SEALRIGHT CO INCNamed in complaintNamed in settlement
• ALLIED-SIGNAL INCNamed in complaintNamed in settlement
• AMERICAN CAN CO (PRIMERICA CORP)
• AMERICAN NATIONAL CAN CONamed in complaintNamed in settlement
• SEQUA CORPNamed in complaintNamed in settlement
• SHELL OIL CONamed in complaintNamed in settlement
• SMITH CORONA MARCHANT CORP (SCM CORP)Named in complaintNamed in settlement
• AMF INCNamed in complaintNamed in settlement
• ASHLAND CHEMICAL CONamed in complaintNamed in settlement
• AZON CORPNamed in complaintNamed in settlement
• BENDIX CORP. (ALLIED CORP)
• BOISE CASCADE CORPNamed in complaintNamed in settlement
• BRISTOL-MYERS CONamed in complaintNamed in settlement
• CASE HOYT CORPNamed in complaintNamed in settlement
• CHAMPION INTERNATIONAL CORPNamed in complaintNamed in settlement
• CHARLES W. BRENEMAN CONamed in complaintNamed in settlement
• COLUMBIA MILLS INCNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS AND CONamed in complaintNamed in settlement
• FLOQUIL-POLLY S COLOR CORPNamed in complaintNamed in settlement
• GENERAL ELECTRIC CORPNamed in complaintNamed in settlement
• JONES CHEMICAL INCNamed in complaintNamed in settlement
• …and 3 more

Facilities (1)

• CLOTHIER DISPOSAL

  SOUTH GRANBY ROAD COUNTY ROAD 55, GRANBY, NY, 13069

  Registry ID: 110009260799

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ALLIED-SIGNAL INC ET ALentered 1989-09-19

  Primary law: CERCLA

Timeline (9 milestones)

• 1987-09-30Referred To Headquarters
• 1987-11-17Referred To Dept Of Justice
• 1988-02-23Returned To Region
• 1989-05-09Rereferred
• 1989-06-28Complaint Filed With Court
• 1989-09-19Final Order Lodged
• 1989-09-19Final Order Entered
• 1989-09-19Concluded
• 1996-04-30Enforcement Action Closed