EPA v. MOREAU, TOWN OF

Case summary

THIS REFERRAL RECOMMENDS THE FILING OF A CIVIL ACTION UNDER SECTION 104(E) OF CERCLA, 42 U.S.C. 9604(E), AGAINST THE TOWN OF MOREAU TO OBTAIN A COURT ORDER GRANTING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) AND ITS AUTHORIZED REPRESENTATIVE, ACCESS, WITHOUT INTERFERENCE, TO CONDUCT RESPONSE ACTIVITY ON THREE TOWN ROADWAYS (MYRON ROAD, CHERYL DRIVE AND TERRY DRIVE). THESE ROADWAYS ARE PART OF THE AREA AFFECTED BY A RELEASE, OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES EMANATING FROM THE G.E./MOREAU SU- PERFUND SITE (THE AFFECTED AREA ). SAID ACCESS IS NECES- SARY IN ORDER FOR EPA'S DULY DESIGNATED REPRESENTATIVE, THE GENERAL ELECTRIC COMPANY ( G.E. ), TO COMPLY WITH SECTION V OF EPA'S REMEDIAL ORDER (WHICH ORDER WAS ISSUED ON NOVEMBER 21, 1983, INDEX# II-CERCLA-30201, PURSUANT TO SECTION 106(A) OF CERCLA, 42 U.S.C. 9606(A)) AND IMPLEMENT EPA'S JULY 13, 1987 RECORD OF DECISION ( ROD ). THE ROD REQUIRES, INTER ALIA, G.E.'S CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM CONNECTING THE AFFECTED AREA TO THE VILLAGE OF SOUTH GLENS FALLS PUBLIC WATER SUPPLY. THE G.E./MOREAU SUPERFUND SITE IS ON THE NATIONAL PRIORITY LIST. EPA SEEKS A COURT ORDER RESTRAINING THE TOWN FROM DENYING EPA AND ITS AUTHORIZED REPRESENTATIVES ACCESS TO TOWN PROP- ERTY AND FROM INTERFERING WITH RESPONSE ACTIVITY ON TOWN PROPERTY. ON MAY 29, 1987, THE TOWN BOARD PASSED A RESOLUTION RE- JECT?ING? THE SUGGESTION BY EPA TO USE THE WATER SUPPLY OF THE VILLAGE OF SOUTH GLENS FALLS AS AN ALTERNATIVE WATER SOURCE FOR THE HOMES WHOSE WELLS HAVE BEEN CONTAMINATED BY G.E. ON AUGUST 12, 1988, THE TOWN'S ATTORNEY WROTE EPA THAT IT WOULD TAKE ALL APPROPRIATE STEPS TO ENFORCE THE LAWS AGAINST ANY UNPERMITTED ACTIVITIES, TRESPASSES, OR OTH- ER ILLEGAL ACTIVITIES BY GENERAL ELECTRIC, ITS CONTRACTORS, OR ITS AGENTS, SERVANTS OR EMPLOYEES. ON AUGUST 18, 1988, EPA MET WITH THE TOWN SUPERVISOR, THE TOWN'S ATTORNEY, AND SEVERAL TOWN CITIZENS AND REQUESTED ACCESS TO TOWN PROPER- TIES; AGAIN, THE TOWN REFUSED, AND STATED THAT IT WOULD SEEK A TEMPORARY RESTRAINING ORDER AGAINST G.E., IN STATE COURT, AND SUE IN TRESPASS IF G.E. CAME UPON TOWN PROPERTY IN ORDER TO CONSTRUCT THE WATER DISTRIBUTION SYSTEM. IN ADDITION, ON AUGUST 18, 1988, THE TOWN ATTORNEY WROTE G.E. TO ADVISE THAT ?IT?, ITS CONTRACTORS, OR ITS AGENTS, SER- VANTS, OR EMPLOYEES ARE HEREBY DIRECTED AND ORDERED NOT TO ENTER OR UPON ANY RIGHT OF WAY ON ROADS OF THE TOWN OF MOREAU OR THE COUNTY OF SARATOGA. THE TOWN'S ATTORNEY FURTHER STATED THAT HE HAD BEEN AUTHORIZED TO SEND THIS LETTER CONTAINING INFORMATION SET FORTH HEREIN BY UNANIMOUS DIRECTION OF THE TOWN BOARD OF THE TOWN OF MOREAU. THIS CASE DEMONSTRATES EPA'S WILLINGNESS TO ENFORCE ITS ACCESS AUTHORITIES, AND TO SEEK THE ASSISTANCE OF THE COURT IN DOING SO, AGAINST NON-PRP/GOVERNMENTAL PROPERTY OWNERS WHO INTERFERE WITH EPA'S ABILITY TO EFFECTUATE CLEANUP ACTION. * NOTE: THE SEC104 CASE WAS REFERRED VIA TELEPHONE & FILED IN COURT ON SEPTEMBER 2, 1988. THE CIVIL REFERRAL (PAPER) WAS INITIATED 09/28/88. SYSTEM WILL NOT ACCEPT A DATE FILED EARLIER THAN INITIATED SO ALL DATES ARE 9/02/88. * 10/25/99 - VOLUNTARY DISMISSAL OF U.S.' COMPLAINT. CASE CLOSED.

Defendants (2)

• GENERAL ELECTRIC CONamed in complaint
• MOREAU, TOWN OFNamed in complaint

Facilities (1)

• GE MOREAU

  FT EDWARD & WM ST, SOUTH GLENS FALLS, NY, 12803

  Registry ID: 110009302897

Statutes cited

• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1988-09-02Enforcement Action Data Entered
• 1988-09-02Referred To Dept Of Justice
• 1988-09-02Complaint Filed With Court
• 1999-10-25Concluded
• 1999-10-25Enforcement Action Closed