EPA v. ALLIED SIGNAL-CLOTHIER SITE

Case summary

THE PROPOSED DEFENDANTS INCLUDE GENERATORS WHOSE HAZARDOUS SUBSTANCES CAME TO BE LOCATED AT THE CLOTHIER DISPOSAL SITE (THE CLOTHIER SITE OR THE SITE ), THE OWNER AND/OR OPERATOR OF THE SITE, AND AN OWNER AND/OR OPERATOR OF THE POLLUTION ABATEMENT SERVICES OF OSWEGO, INC. ( PAS ) SITE TO WHICH THE CLOTHIER HAZARDOUS SUBSTANCES WERE ORIGINALLY SHIPPED FOR DISPOSAL AND FROM WHICH THEY WERE SENT FOR REDISPOSAL AT THE CLOTHIER SITE. THE LIST OF PROPOSED DEFENDANTS IS ATTACHED AS AN EXHIBIT TO THE REFERRAL. HAZARDOUS SUBSTANCES WERE SENT BY THE PROPOSED GENERATOR DEFENDANTS TO THE PAS SITE FOR DISPOSAL SHORTLY BEFORE OR DURING THE PERIOD OF TIME FROM OCTOBER, 1973 TO JANUARY 8, 1974. APPROXIMATELY 2,200 DRUMS OF HAZARDOUS SUBSTANCES WERE SHIPPED FROM THE PAS SITE TO THE CLOTHIER SITE DURING THIS PERIOD OF TIME. HAZARDOUS SUBSTANCES OF THE TYPES KNOWN TO HAVE BEEN SENT BY THE PROPOSED GENERATOR DEFENDANTS, IN DRUMS, TO THE PAS SITE ARE ALSO KNOWN TO HAVE BEEN FOUND AT THE CLOTHIER SITE. EACH SUCH PAS GENERATOR IS THEREFORE ALSO A GENERATOR AT THE CLOTHIER SITE. EPA HAS INCURRED COSTS IN CONDUCTING REMOVAL AND REMEDIAL ACTIONS AT THE CLOTHIER SITE. EPA'S THEORY HOLDING THE PROPOSED GENERATOR DEFENDANTS LIABLE FOR THE CONDITIONS AT THE CLOTHIER SITE HAS BEEN ACCEPTED BY SEVERAL COURTS. EPA SEEKS A) RECOVERY OF ALL COSTS WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS PRE-JUDGMENT INTEREST AND B) A DECLARATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA AT THE SITE.

Defendants (27)

• GENERAL ELECTRIC COMPANY, INC.Named in complaintNamed in settlement
• ALLIED-SIGNAL, INC.Named in complaintNamed in settlement
• AMERICAN NATIONAL CAN COMPANYNamed in complaintNamed in settlement
• AMERICAN STANDARD INC.Named in complaintNamed in settlement
• AMF INCNamed in complaintNamed in settlement
• ASHLAND CHEMICAL, INC.
• BOISE CASCADE CORPNamed in complaintNamed in settlement
• BRISTOL-MYERS SQUIBB COMPANYNamed in complaintNamed in settlement
• CASE HOYT CORPNamed in complaintNamed in settlement
• CHAMPION INTERNATIONAL CORP.Named in complaintNamed in settlement
• CHARLES W. BRENEMAN CONamed in complaintNamed in settlement
• COLUMBIA MILLS, INC.Named in complaintNamed in settlement
• E.I. DU PONT DE NEMOURS AND CO., INC.Named in complaintNamed in settlement
• ENGRAPH INCNamed in complaintNamed in settlement
• FLOQUIL-POLLY S COLOR CORPORATIONNamed in complaintNamed in settlement
• JACK MILLER
• JONES CHEMICALS, INC.Named in complaintNamed in settlement
• MASONITE CORPNamed in complaintNamed in settlement
• MINNESOTA MINING & MANUFACTURING CONamed in complaintNamed in settlement
• MONSANTO COMPANY, INC.Named in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORP.Named in complaintNamed in settlement
• RICHARD M. CLOTHIER, SR.
• SCHENECTADY CHEMICALS, INC.Named in complaintNamed in settlement
• SEALRIGHT CO., INC.Named in complaintNamed in settlement
• SHELL OIL CONamed in complaintNamed in settlement
• …and 2 more

Facilities (1)

• CLOTHIER DISPOSAL

  SOUTH GRANBY ROAD COUNTY ROAD 55, GRANBY, NY, 13069

  Registry ID: 110009260799

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALLIED-SIGNAL INCentered 1992-06-09

  Primary law: CERCLA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1990-09-27Enforcement Action Data Entered
• 1990-09-27Referred To Dept Of Justice
• 1991-12-30Complaint Filed With Court
• 1992-06-09Concluded
• 1992-06-09Final Order Lodged
• 1992-06-09Final Order Entered
• 1992-12-01Enforcement Action Closed