EPA v. WESTINGHOUSE ELECTRIC CORP (KENTUCKY AVENUE WF)

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS INCURRED BY EPA IN UNDERTAKING AND/OR FUNDING RESPONSE ACTIONS AT THE KENTUCKY AVENUE WELLFIELD SITE ( SITE ), LOCATED IN THE TOWN OF HORSEHEADS AND THE CITY OF ELMIRA, CHEMUNG COUNTY, NEW YORK, AND ASSOCIATED ADMINISTRATIVE, OVERSIGHT, AND ENFORCEMENT COSTS. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE SOIL SAMPLING AND ANALYSIS, A HYDROGEOL- OGICAL INVESTIGATION, A REMEDIAL INVESTIGATION AND FEASIBIL- ITY STUDY (RI/FS), THE INSTALLATION OF A PERMANENT ALTERNATE WATER SUPPLY TO A NUMBER OF AFFECTED RESIDENCES, AS WELL AS A SUPPLEMENTAL RI/FS DESIGNED TO IDENTIFY THE SOURCE(S) OF CONTAMINATION AT THE SITE. THE SITE IS INCLUDED ON THE NATIONAL PRIORITIES LIST. REIMBURSEMENT IS CURRENTLY BEING SOUGHT FROM ONE POTENTIALLY RESPONSIBLE PARTY WHICH IS A PRESENT OWNER AND OPERATOR OF A FACILITY AT THE SITE; INFOR- MATION IS ALSO BEING INCLUDED CONCERNING 4 ADDITIONAL PRPS. REGION II, HOWEVER, FEELS THAT THE EVIDENCE AS TO THEIR LIA- BILITY MAY NOT YET BE SUFFICIENT TO PROPOSE THEM AS DEFEN- DANTS, AND WE THEREFORE REFER TO THEM AS POTENTIAL DEFEN- DANTS . WE ARE CONTINUING TO GATHER EVIDENCE CONCERNING THESE PARTIES. REIMBUREMENT IS SOUGHT PURSUANT TO SECTION 107 OF CERCLA. EPA SEEKS: RECOVERY OF ALL PAST COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE, INCLUDING INTEREST AND ALL COLL- ECTION COSTS; AND A DECLARATORY JUDGMENT AS TO THE DEFEN- DANTS' LIABILITY FOR FUTURE EXPENSES INCURRED BY EPA AT THE SITE. 06/24/93: SUPERFUND TRUST COLLECTION REPORT SHOWS $464,000.00 WAS DEDUCTED ON 01/26/93 AND $131,120.00 WAS ALSO DEDUCTED ON 01/29/93 STATING PREVIOUSLY INVESTED FUNDS TRANSFERRED TO A CASHOUT ACCOUNT IN CINCINNATI .

Defendants (5)

• ALLIED CORPNamed in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORPNamed in complaintNamed in settlement
• FACET ENTERPRISES INCNamed in complaintNamed in settlement
• LRC ELECTRONICS INC
• TOSHIBA DISPLAY DEVICES INC

Facilities (1)

• KENTUCKY AVENUE WELL FIELD

  KENTUCKY AVE, HORSEHEADS, NY, 14845

  Registry ID: 110009342611

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• WESTINGHOUSE ELECTRIC CORP.entered 1992-12-14

  Primary law: CERCLA

• ALLIED CORP. & FACETentered 1992-12-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1991-04-18Complaint Filed With Court
• 1992-12-14Final Order Lodged
• 1992-12-14Final Order Entered
• 1992-12-14Concluded
• 1993-07-30Enforcement Action Closed