EPA v. MARATHON BATTERY COMPANY

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS INCURRED BY EPA IN UNDERTAKING AND/OR FUNDING RESPONSE ACTIONS AT THE MAR- ATHON BATTERY COMPANY SITE ( SITE ) LOCATED IN COLD SPRING, PUTNAM COUNTY, NEW YORK WITH RESPECT TO THE RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT. BASED ON STUDIES, THE SITE POSES A SIGNIFICANT ENVIRONMENTAL AND HUMAN HEALTH EFFECT. THE RESPONSE ACTIONS TAKEN TO DATE INCLUDE REMEDIAL INVESTIGATIONS AND FEASIBILITY STUDIES ( RI/FS ) AND DESIGN WORK FOR THE SITE WHICH IS LISTED ON THE NATIONAL PRIORITIES LIST. REIMBURSEMENT IN THIS SUIT IS SOUGHT FROM THREE POTENTIALLY RESPONSIBLE PARTIES ( PRPS ), EACH OF WHOM IS A PAST OR PRESENT OWNER OR OPERATOR OF THE SITE FOR PURPOSES OF 42 U.S.C. 9607. REIMBURSEMENT FROM THE UNITED STATES ARMY WILL BE SOUGHT THROUGH A NEGOTIATED SETTLEMENT. EPA SEEKS A) RECOVERY OF ALL PAST COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE, INCLUDING INTEREST AND ALL COLLECTION COSTS; AND B) A DECLARATORY JUDGEMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE COSTS INCURRED BY EPA AT THE SITE. EPA MET WITH THE PROPOSED DEFENDANTS ON JULY 14, 1988 AND ON SEPTEMBER 1, 1988 WITH RESPECT TO AREA II. THROUGH THE YEARS, EPA HAS MET AND DISCUSSED THE ENVIRONMENTAL ISSUES RELATING TO THE SITE WITH THE PROPOSED DEFENDANTS AND THEIR CONTRACTOR ERT. EPA INFORMED THE PROPOSED DEFENDANTS THAT IT WOULD ISSUE A RECORD OF DECISION ( ROD ), WHICH SELECTED ONE OF THE REMEDIES INVESTIGATED IN THE FS, FOR AREA I OF THE SITE IN 1986. EPA INVITED THEM TO IMPLEMENT THE REMEDY SELECTED IN THE ROD BUT THEY DECLINED. EPA ALSO INFORMED THE PROPOSED DEFENDANTS OF ITS INTENT TO PERFORM A SECOND RI/FS FOR AREA II. A ROD IS PROPOSED FOR SEPT 1988, AND THE DEFENDANTS WERE INVITED TO FUND OR PERFORM THE REMEDIAL ACTION FOR AREA II. IN ADDITION, EPA SENT A DEMAND LETTER TO ALL OF THE PROPOSED DEFENDANTS IN SEPTEMBER 1988 SEEKING REIMBURSEMENT OF THE GOVERNMENT'S PAST COSTS FOR THE SITE.

Defendants (4)

• GOULD INCNamed in complaintNamed in settlement
• MARATHON BATTERY COMPANYNamed in complaintNamed in settlement
• MERCHANDISE DYNAMICS INC
• U.S. ARMY

Facilities (1)

• MARATHON BATTERY SUPERFUND SITE

  KEMBLE AVENUE, COLD SPRING, NY, 10516

  Registry ID: 110009324043

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• MARATHON BATTERY COMPANYentered 1993-04-01

  Primary law: CERCLA

• MARATHON BATTERY COMPANYentered 1992-01-21

  Primary law: CERCLA

Timeline (9 milestones)

• 1988-09-29Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1989-07-31Returned To Region
• 1991-09-25Rereferred
• 1991-09-30Complaint Filed With Court
• 1993-04-01Final Order Lodged
• 1993-04-01Final Order Entered
• 1993-04-01Concluded
• 2005-01-31Enforcement Action Closed