EPA v. VESTAL ASPHALT, INC & NEIL GUILES, EXCAVATING AND PAVING INC

Case summary

NATURE OF THE CASE: IN 1978, A SPILL OF CHLORINATED SOLVENTS AT AN IBM PLANT IN NEIGHBORING ENDICOTT, N.Y. RESULTED IN AN AREA-WIDE TESTING PROGRAM OF POTABLE WATER SUPPLIES. THE VESTAL DISTRICT 1 WELLFIELD LOCATED TO THE SOUTH OF ENDICOTT WAS TESTED AND WELL NO. 1-1 WAS FOUND TO BE CONTAMINATED WITH SEVERAL CHLORINATED ORGANICS INCLUDING 1, 1, 1-TRICHLOROETHANE, TRICHLORETHYLENE, 1,1 DICHLOROETHAN AND 1, 2 DICHLOROETHYLENE. THE VESTAL 1-1 SITE WAS INCLUDED ON THE NATIONAL PRIORIT- IES LIST IN DECEMBER, 1982. THE NYSDEC COMMENCED AN INVES- TIGATION OF THE SITE PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO WITH EPA IN APRIL, 1985. THE RI/FS WAS COMPLE- TED IN MAY, 1986 AND INDICATED INTER ALIA, THAT AN AREA BORDERING VESTAL ASPHALT, INC. AND NEIL GUILES EXCAVATING & PAVING, INC., HAS SOILS CONTAMINATED WITH AROMATIC ORGANICS INCLUDING BENZENE, TOLUENE, AND ZYLENE. THIS CAUSE OF ACTION SEEKS TO ENFORCE THE PRESIDENT'S AUTHORITY PURSUANT TO SECTION 104(E) (3) (D) OF CERCLA, AS DELEGATED TO USEPA, TO COMPEL COMPLIANCE WITH EPA REQUEST FOR ACCESS TO PROPERTY WHERE THERE MAY BE RELEASE OR THREAT OF RELEASE OF A HAZARDOUS SUBSTANCE OR POLLUTANT OR CONTAM- INANT. THE PROPERTIES EPA SEEKS ACCESS TO ARE: ALL THAT PIECE OR PARCEL OF LAND SITUATED IN THE TOWN OF VESTAL, COUNTY OF BROOM AND STATE OF N.Y., AS SHOWN ON A MAP MAP NO. 5-C PARCEL NO. 367, VESTAL STATE HIGHWAY NO. 420, COUNTY OF BROOME . SARA SUBSTANTIALLY AMENDED SECTION 104(E) OF CERCLA AND GRANTS THIS NEW AUTHORITY TO THE PRESIDENT. THE AUTHORITY HAS SUBSEQUENTLY BEEN DELEGATED TO USEPA. THIS CASE PRE- SENTS AN OPPORTUNITY TO SHOW THE REGULATED COMMUNITY IN THIS REGION THAT EPA WILL ENFORCE ITS ACCESS AUTHORITIES, AND WILL SEEK THE ASSISTANCE OF THE COURT IN DOING SO. THIS CASE HAS STRONG POTENTIAL FOR AN ORDER ISSUED PUR- SUANT TO SECTION 104(E)(3) OF CERCLA. BECAUSE OF THE IMMEDIATE NEED FOR ACCESS, WE RECOMMEND THE EXPEDITION OF REFERRAL AND FILING OF THIS ACTION. THE POSSIBILITY EXISTS FOR MIGRATION OF CONTAMINATS FROM THE SOIL INTO THE GROUND- WATER, WHICH COULD FURTHER CONTAMINATE PUBLIC WATER SUPPLIES FACILITY NAME: NEIL GUILES 209 STAGE ROAD VESTAL, N.Y. 13850

Defendants (1)

• VESTAL ASPHALT, INC & NEIL GUILES, EXCAVNamed in complaint

Facilities (1)

• NEIL GUILES

  209 STAGE ROAD, VESTAL, NY, 13850

  Registry ID: 110010786248

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1988-06-30Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1988-11-07Complaint Filed With Court
• 1989-05-15Concluded
• 1989-05-15Enforcement Action Closed