EPA v. OYSTER BAY, TOWN OF

Case summary

THE SYOSSET LANDFILL SUPERFUND SITE (THE LANDFILL OR SITE ) IS A NATIONAL PRIORITIES LIST SITE LOCATED IN THE HAMLET OF SYOSSET IN THE TOWN OF OYSTER BAY (THE TOWN ), NASSAU COUNTY, NEW YORK. THE SITE COVERS APPROXIMATELY 35 ACRES AND IS 50 YARDS NORTH OF THE LONG ISLAND EXPRESS- WAY. IT IS BORDERED TO THE SOUTHEAST BY MILLER PLACE, TO THE SOUTHWEST BY PROPERTY FORMERLY OCCUPIED BY CERRO CONDUIT COMPANY, TO THE NORTHWEST BY THE LONG ISLAND RAILROAD, AND TO THE NORTHEAST BY A LARGE RESIDENTIAL AREA. THE SOUTH GROVE SCHOOL IS LOCATED JUST TO THE NORTHEAST OF THE SITE. THE SITE OVERLIES A SOLE SOURCE DRINKING WATER AQUIFER, THE MAGOTHY AQUIFER. FIVE PUBLIC WATER SUPPLY WELLS ARE WITHIN SIX THOUSAND FEET OF THE SITE. THE LANDFILL IS OWNED BY THE TOWN, WHICH OPERATED IT FROM APPROXIMATELY 1933 TO 1975. PRIOR TO 1967, THERE WERE NO RESTRICTIONS ON THE TYPE OF WASTE THAT COULD BE DISPOSED OF AT THE LANDFILL AND IT WAS USED TO DISPOSE OF RESIDENTIAL SOLID WASTE, UNTREATED SEWAGE AND CESSPOOL LIQUID SLUDGES, AS WELL AS COMMERCIAL, INDUSTRIAL, DEMOLITION, AND AGRI- CULTURAL WASTES. IN 1967, WITH THE OPENING OF THE OLD BETHPAGE LANDFILL TO THE EAST OF SYOSSET, THE TOWN STOPPED USING THE SITE TO DISPOSE OF ITS DOMESTICALLY-GENERATED WASTES. THE TOWN ALSO DIRECTED SOME INDUSTRIAL GENERATORS TO USE THE OLD BETHPAGE LANDFILL, BUT SOME INDUSTRIAL WASTES CONTINUED TO BE DISPOSED OF AT THE SITE UNTIL IT WAS CLOSED IN 1975. THE LANDFILL WAS CLOSED BY THE NASSAU COUNTY DEPARTMENT OF HEALTH ( NCDOH ) ON 1/27/75 BECAUSE OF A SUSPECTED GROUND- WATER POLLUTION PROBLEM. NCDOH THEN CONDUCTED GROUNDWATER AND AIR QUALITY STUDIES ON AND AROUND THE SITE. PART OF THE INVESTIGATION REVEALED THE PRESENCE OF HEAVY METALS IN THE INDUSTRIAL SLUDGES DISPOSED OF AT THE SITE. IN 1982 ERM-NORTHEAST, AN ENGINEERING FIRM EMPLOYED BY NCDOH CONDUCTED A GROUNDWATER AND SAMPLING PROGRAM ON THE SITE AND REVEALED HIGH LEVELS OF INORGANIC CONSTITUENTS, INCLUDING AMMONIA, CHLORIDE, SODIUM SULFATE, CALCIUM, IRON AND CONCENTRATIONS OF HEAVY METALS INCLUDING ARSENIC, CADMIUM, CHROMIUM AND LEAD, AT LEVELS THAT EXCEEDED STATE PRIMARY DRINKING WATER STANDARDS FOR THESE SUBSTANCES. ERM- NORTHEAST CONCLUDED THAT THE LEACHATE BEING GENERATED BY THE SITE WAS TYPICAL OF LEACHATE GENERATED BY MUNICIPAL LAND- FILLS EXCEPT FOR THE INDUSTRIAL WASTE DISPOSAL AT THE SITE. ONE PUBLIC DRINKING WATER WELL WHICH IS DOWNGRADIENT OF THE SITE HAS SINCE BEEN CLOSED DUE TO TASTE AND ODOR PROBLEMS. IN SEPTEMBER 1983 THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. ON 6/19/86 EPA ISSUED AN ADMINISTRATIVE ORDER ON CONSENT TO THE TOWN TO UNDERTAKE A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY. IN 1989, THE TOWN APPROACHED EPA AND EXPRESSED AN INTEREST IN NEGOTIATING A CONSENT DECREE WITH EPA THAT WOULD OBLIGATE THE TOWN TO UNDERTAKE THE REMEDIATION OF THE SITE. THE FIRST OPERABLE UNIT RI REPORT WAS FINALIZED 8/89, AND THE FS REPORT FOR THE FIRST OPERABLE UNIT WAS FINALIZED 7/90. THE CONSENT DECREE WAS NEGOTIATED PRIOR TO THE ISSUANCE OF THE FIRST OPERABLE UNIT RECORD OF DECISION ( ROD ), AND IT REQUIRES THE TOWN TO IMPLEMENT WHATEVER REMEDIAL ACTION EPA SELECTS FOR FIRST OPERABLE UNIT AND REQUIRES THE TOWN TO REIMBURSE EPA FOR THE COSTS IT INCURS AFTER THE ENTRY OF THE CONSENT DECREE IN CONDUCTING FIVE-YEAR REVIEWS AT THE SITE, AND IT ASSISTING THE TOWN IN OBTAINING NEEDED ACCESS TO REAL PROPERTY. FURTHER THE CONSENT DECREE REQUIRES THE TOWN TO REIMBURSE EPA'S PAST RI/FS OVERSIGHT COSTS. THE SECOND OPERABLE UNIT REMEDIATION AT THE SITE IS NOT COVERED BY THE CONSENT DECREE, BUT COULD BE THE SUBJECT OF A FURTHER ENFORCEMENT ACTION BY EPA AGAINST T

Defendants (10)

• LONG ISLAND LIGHTING CO
• OCCIDENTAL CHEMICAL CORP
• CERRO CONDUIT CO
• CHEMCO TECHNOLOGY INC
• GRUMMAN AEROSPACE CORP
• JAKOBSEN SHIPYARD
• KOLL MORGEN CORP
• LIN PAC INC
• OYSTER BAY, TOWNNamed in complaintNamed in settlement
• PHELPS DODGE CORP

Facilities (1)

• SYOSSET LANDFILL

  150 MILLER PLACE, OYSTER BAY, NY, 11771

  Registry ID: 110009324196

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OYSTER BAY, TOWN OFentered 1991-02-20

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-03-08Enforcement Action Data Entered
• 1990-03-08PRN Sent
• 1990-09-27Referred To Dept Of Justice
• 1990-12-06Final Order Lodged
• 1990-12-06Complaint Filed With Court
• 1991-02-20Final Order Entered
• 1991-02-20Concluded