EPA v. NYS DEPARTMENT OF TRANSPORTATION

Case summary

THIS REFERRAL RECOMMENDS THAT A COMPLAINT BE FILED PURSUANT TO SECTION 17 OF THE TOXIC SUBSTANCES CONTROL ACT, (TSCA), 15 U.S.C. SECTION 2616, FOR VIOLATIONS OF: 1) A SEPT 6, 1979, PCB DREDGE SPOIL DISPOSAL APPROVAL; AND 2) AN A/O, ISSUED BY REGION II PURSUANT TO SETTLEMENT OF AN ADMIN- ISTRATIVE ENFORCEMENT ACTION TAKEN AGAINST DOT. EPA ISSUED AN INTERIM APPROVAL TO DOT ALLOWING THE TEMP- ORARY DISPOSAL OF PCB-LADEN DREDGE SPOILS AT TWO SITES ALONG THE HUDSON RIVER. THIS APPROVAL REQUIRED DOT TO INSTALL AND SAMPLE GROUNDWATER MONITORING WELLS AND SUBMIT THE RESULTS TO EPA ON A MONTHLY BASIS; TO COVER BOTH SITES AFTER COM- PLETING ITS DISPOSAL OPERATIONS; AND TO SUBMIT A YEARLY REPORT ASSESSING THE FEASIBILITY OF MORE PERMANENT DISPOSAL OPTIONS. IN 1983, EPA ISSUED AN ADMINISTRATIVE COMPLAINT TO DOT FOR NON-COMPLIANCE WITH THE CONDITIONS OF THE TSCA APPROVAL. THIS ACTION WAS SETTLED IN 1986 BY A CONSENT AGREEMENT AND FINAL ORDER, ISSUED BY THE REGIONAL ADMINISTRATOR OF REG- ION II. THE ORDER REQUIRED DOT TO : 1) DEVELOP ENGINEERING PLANS FOR CAPPING THE SITES; 2) CAP OR REMOVE THE MATERIAL FROM THE TWO SITES BY THE END OF THE 1987 CONSTRUCTION SEASON; AND 3) MONITOR GROUNDWATER WELLS AT THE SITES ON A MONTHLY BASIS. DOT HAS FAILED TO COMPLY WITH THE ABOVE CITED CONDITIONS, THEREBY VIOLATING BOTH THE 1979 TSCA APPROVAL AND THE 1986 ADMINISTRATIVE ORDER. * FACILITY NAME: NYS DEPT OF TRANSPORTATION NYS CAMPUS BLDG #5 ALBANY, N.Y. 12226 OWNERSHIP: STATE SIC CODE : 9621, 9511 * REASSIGNED TO ENGINEER D. Z. REASSIGNED TO DAVID GREENLAW

Defendants (1)

• NEW YORK STATE DEPT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• NYS DEPT OF TRANSPORTATION

  NYS CAMPUS BLDG 5 RM 422, ALBANY, NY, 12226

  Registry ID: 110010709411

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• NEW YORK STATE DEPT OF TRANSentered 1994-03-23

  Primary law: TSCA

Timeline (6 milestones)

• 1988-09-27Referred To Dept Of Justice
• 1989-03-21Referred TO U.S. Attorney
• 1989-03-24Complaint Filed With Court
• 1994-03-23Final Order Lodged
• 1994-03-23Final Order Entered
• 1994-03-23Concluded