EPA v. NIAGARA TRANSFORMERS CORP (WIDE BEACH)

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS INCURRED BY EPA IN UNDERTAKING AND/OR FUNDING RESPONSE ACTIONS AT THE WIDE BEACH SITE (HEREINAFTER WIDE BEACH OR SITE ), LOCATED IN BRANT, NEW YORK. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE A REMOVAL ACTION, A REME- DIAL INVESTIGATION AND FEASIBILTY STUDY ( RI/FS ), AND REME- DIAL DESIGN ( RD ). EPA INTENDS TO INITIATE REMEDIAL ACTION ( RA ) EARLY IN THIS YEAR '90. THE SITE IS ON THE NATIONAL PRIORITIES LIST. REIMBURSEMENT IS SOUGHT FROM POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) THAT GENERATED, DISPOSED OF AND/OR APPLIED WASTE OIL CONTAMINATED WITH POLY-CHLORINATED BIPHENYLS (PCBS) UPON AND ALONG ROADWAYS WITHIN THE WIDE BEACH DEVELOPMENT SITE. EPA SEEKS A) RECOVERY OF ALL COSTS WHICH HAVE BEEN IN- CURRED BY IT IN CONNECTION WITH THE SITE, AS WELL AS PRE- JUDGMENT INTEREST AND B) A DECLARATORY JUDGMENT AS TO THE PROPOSED DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY IT AT THE SITE. EPA SENT A DEMAND LETTER ON SEPTEMBER 2, 1988 TO THE PRPS REQUESTING REIMBURSEMENT OF $2,262,625.15 INCURRED BY IT WITH RESPECT TO THE SITE. THE PRPS HAVE NOT INDICATED WILL- INGNESS TO PAY ANY SUCH COSTS. ****** RETURNED TO REGION FEBRUARY 28, 1989. ** ON SEPTEMBER 29, 1989 EPA FILED A CIVIL LITIGATION RE-RE- FERRAL WITH DOJ SEEKING RECOVERY FROM SEVEN COMPANIES OF ITS COSTS. ON OCTOBER 16, 1989, COMPLAINTS WERE FILED AGAINST THE SEVEN PRP COMPANIES IN THE WESTERN DISTRICT FEDERAL COURT - 2ND CIRCUT. SETTLING DEFENDANTS AND NIAGARA TRANSFORMER CORPORATION, PURSUANT TO SECTION 107(A) OF COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499, 42 U.S.C. SUBSECTION 9607(A) CERCLA , SEEKING RECOVERY OF COSTS INCURRED IN RESPONDING TO THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT OR IN CONNECTION WITH WIDE BEACH DEVELOPMENT SUPERFUND SITE.

Defendants (7)

• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• BELL AEROSPACE TEXTRONNamed in complaintNamed in settlement
• NIAGARA TRANSFORMERNamed in complaintNamed in settlement
• NYS ELECTRIC AND GAS CORPNamed in complaintNamed in settlement
• UNION CARBIDENamed in complaintNamed in settlement

Facilities (1)

• WIDE BEACH DEVELOPMENT

  WIDE BEACH RD, BRANT, NY, 14027

  Registry ID: 110009342639

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• NIAGARA TRANSFORMER CORPentered 1996-03-22

  Primary law: CERCLA

• BELL AEROSPACE TEXTRONentered 1993-04-13

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1989-02-28Returned To Region
• 1989-09-29Rereferred
• 1989-10-16Complaint Filed With Court
• 1996-03-22Final Order Lodged
• 1996-03-22Final Order Entered
• 1996-03-22Concluded
• 1997-01-31Enforcement Action Closed