EPA v. BRISTOL LABS/SOLVENT SAVERS SITE

Case summary

THE SOLVENT SAVERS, INC. SITE (HEREINAFTER, THE SITE ) COVERS ABOUT 13 ACRES AND IS LOCATED IN THE TOWN OF LINCKLAEN IN THE NORTHWESTERN SECTION OF CHENANGO COUNTY, NEW YORK. THE SITE IS LOCATED IN A RURAL AREA, WITH A POPULATION OF APPROXIMATELY 500 PEOPLE. THERE ARE THREE RESIDENCES WITHIN THREE-HUNDRED FEET OF THE SITE THAT UTILIZE PRIVATE WELLS AS THE SOURCE OF DRINKING WATER. THE SOLVENT SAVERS BUSINESS WAS INCORPORATED BY DR. HAROLD FREDIANI IN 1962. AT FIRST, THE BUSINESS WAS OPERATED IN POMPEY, NEW YORK. IN DECEMBER, 1964, IT WAS SOLD TO DALE HOUGH, MR. FREDIANI'S BROTHER-IN-LAW, WHO MOVED THE BUSINESS TO LINCKLAEN, NEW YORK. A THIRD SOLVENT SAVERS FACILITY, NOVAK FARM, IN PHARSALIA, NEW YORK, WAS USED BY HOUGH MAINLY FOR THE DISPOSAL OF SLUDGE. DALE HOUGH OWNED AND OPERATED A CHEMICAL WASTE RECOVERY FACILITY AT THE LINCKLAEN SITE BETWEEN APPROXIMATELY 1967 AND 1974. WASTE SOLVENTS WERE HAULED FROM NUMEROUS INDUSTRIAL FACILITIES IN THE BINGHAMPTON AND SYRACUSE AREAS TO THE SITE. AT THE SITE, A DISTILLATION PROCESS WAS USED TO RECOVER SOLVENTS FOR REUSE. IN ADDITION, MR. HOUGH OWNED AND OPERATED A DRUM RECONDITIONING BUSINESS (CASH BARREL, INC.) AT THE SAME LOCATION WHICH RECONDITIONED AND SOLD MANY OF THE DRUMS BROUGHT TO THE SITE CONTAINING WASTE SOLVENTS. IT IS SUSPECTED THAT WASTES FROM THE DISTILLATION PROCESS WERE DISPOSED OF ON THE SITE. OPERATIONS CEASED AT THE SITE IN 1974. IN 1981, NYSDEC CONDUCTED AN INITIAL SITE CHARACTERIZ- ATION. THE MAJOR CONTAMINANTS FOUND INCLUDED VOLATILE ORGANICS (PRIMARILY TRICHLOROETHENE AND 1,1,1-TRICHLORO- ETHANE), PBCS, AND VARIOUS INORGANIC SUBSTANCES (ARSENIC, CYANIDE, CADMIUM, LEAD). IN 1982, THE EPA FIELD INVESTIGATION TEAM ( EPA-FIT ) CONDUCTED A HAZARDOUS WASTE INSPECTION AT THE SITE, WHICH RATED THE SITE ACCORDING TO THE HAZARD RANKING SYSTEM ( HRS ). AS A RESULT OF THE EPA-FIT INVESTIGATIONS, THE SITE WAS LISTED IN 1983 ON THE NATIONAL PRIORITIES LIST ( NPL ), 40 CFR PART 300, APPENDIX B. DURING THEIR INITIAL INVESTIGATIONS, NYSDEC AND EPA IDENTIFIED A NUMBER OF POTENTIALLY RESPONSIBLE PARTIES ( PRPS ). THE PRPS ENTERED INTO A CONSENT AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF LAW ( NYSDOL ) ON JULY 31, 1984. THE AGREEMENT REQUIRED THE PRPS TO CONDUCT A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) AT THE SITE. EPA AND NYSDEC REVIEWED THE PRPS RI/FS AND DETERMINED THAT ADDITIONAL RI/FS WORK WAS NECESSARY TO OBTAIN THE DATA AND INFORMATION NEEDED TO CHARACTERIZE THE NATURE AND EXTENT OF CONTAMINATION AT THE SITE, AND TO FORMULATE THE OPTIMUM CLEANUP STRATEGY. IN JUNE, 1987 AND AGAIN IN APRIL, 1988, NOTIFICATION WAS SENT BY THE EPA TO THE PRPS, STATING EPA'S INTENT TO PERFORM A SUPPLEMENTAL RI/FS, AND OFFERING THE PRPS AN OPPORTUNITY TO CONDUCT THE SUPPLEMENTAL RI/FS. THE FAILURE OF THE PRPS TO AGREE TO UNDERTAKE THE SUPPLEMENTAL RI/FS IN AN ACCEPTABLE MANNER PROMPTED EPA TO UNDERTAKE A SUPPLEMENTAL RI/FS INDEPENDENTLY. AFTER A PUBLIC COMMENT PERIOD ON THE PROPOSED PLAN, A ROD WAS SIGNED BY EPA ON SEPTEMBER 28, 1990 DOCUMENTING THE SELECTED REMEDY FOR THE SITE. * ON 9/30/91 A CIVIL ACTION REFERRAL PACKAGE WAS SENT TO DOJ RECOMMENDING THE INITIATION OF A CIVIL ACTION SEEKING RECOVERY FROM FIVE POTENTIALLY RESPONSIBLE PARTIES OF COSTS INCURRED AT THE SOLVENT SAVERS SITE. COSTS INCLUDED ARE ASSOCIATED ADMINISTRATIVE, ENFORCEMENT AND INDIRECT COSTS. THE RESPONSE ACTIVITIES AT THE SITE

Defendants (12)

• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• CARRIER CORPORATION
• DEPARTMENT OF THE AIR FORCE
• GENERAL MOTORS CORPORATION
• BRISTOL-MYERS SQUIBB CO INCNamed in complaintNamed in settlement
• ALLIED CORPORATION
• AMERICAN LOCKER GROUPNamed in complaintNamed in settlement
• INTERNATIONAL BUSINESS MACHINES CORPNamed in complaintNamed in settlement
• PASS AND SEYMOUR, INC.Named in complaintNamed in settlement
• SOLVENTS & PETROLEUM SERVICES, INC.
• STAUFFER CHEMICAL COMPANY
• UNISYS CORPORATION

Facilities (1)

• SOLVENT SAVERS

  UNION VALLEY ROAD, LINCKLAEN, NY, 13052

  Registry ID: 110002453185

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• AMERICAN LOCKER GROUP ET ALentered 1997-01-10

  Primary law: CERCLA

• ALLIED CORPORATION, ET AL.entered 1992-08-12

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-06-01Enforcement Action Data Entered
• 1990-09-28PRN Sent
• 1991-09-30Referred To Dept Of Justice
• 1992-05-29Complaint Filed With Court
• 1996-11-05Final Order Lodged
• 1997-01-10Final Order Entered
• 1997-01-10Concluded
• 1997-07-11Enforcement Action Closed