EPA v. ENDICOTT, VILLAGE OF

Case summary

THE ENDICOTT WELLFIELD SUPERFUND SITE (THE SITE ) IS A NATIONAL PRIORITIES LIST SITE LOCATED NEAR THE SOUTHWESTERN BOUNDARY OF THE VILLAGE OF ENDICOTT, BROOME COUNTY, NEW YORK. MOST OF THE SITE IS LOCATED ON LAND OWNED BY THE VILLAGE OF ENDICOTT (THE VILLAGE ). IN APRIL 1983, THE NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION ( NYSDEC ) PERFORMED A STUDY AT THE SITE. THE RESULTS INDICATED THAT THE SOURCE OF CONTAMINATION IN THE RANNEY WELL WAS LOCATED WEST OR NORTHWEST OF THE WELL. BECAUSE OF THIS INVESTIGATION A PURGE WELL WAS INSTALLED TO INTERCEPT AND CAPTURE THE CONTAMINATION PLUME AFFECTING THE WELL. BETWEEN MARCH 1986, AND JULY 1987, NYSDEC CONDUCTED A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY ( RI/FS ) TO DETERMINE THE SOURCE OF CHEMICALS ENTERING THE RANNEY WELL. A RECORD OF DECISION WHICH DOCUMENTED THE SELECTED REMEDIAL ACTION FOR THE SITE WAS ISSUED BY EPA ON 9/25/87. THE REMEDIAL ACTION IN THE ROD INCLUDED THE INSTALLATION OF AN AIR STRIPPING TOWER ON THE RANNEY WELL DISCHARGE AND CONTINUATION OF THE USE OF THE EXISTING PURGE WELL. SINCE THE ISSUANCE OF THE 1987 ROD, EPA HAS HAD LEAD RESPONSIBILI- ITY FOR THE SITE. THE RI/FS CONCLUDED THAT THE INFORMATION TO DATE WAS INADEQUATE TO DETERMINE THE SOURCE FOR THE VOCS IN THE GROUND WATER. IN THE ROD, EPA INDICATED THAT A SUPPLEMENTAL RI/FS WOULD BE INITIATED TO INVESTIGATE THE NATURE AND EX- TENT OF CONTAMINATION IN SUSPECTED SOURCE AREAS, EVALUATE POSSIBLE SOURCE CONTROL MEASURES, INVESTIGATE THE EXTENT OF AQUIFER CONTAMINATION, AND EVALUATE AQUIFER RESTORATION ALTERNATIVES. ON 2/1/88 EPA NOTIFIED THE VILLAGE, INTERNATIONAL BUSINESS MACHINES ( IBM ) AND ENDICOTT JOHNSON CORP. OF EPA'S INTENT TO IMPLEMENT THE REMEDY IN THE ROD. EPA PROVIDED SIMILAR NOTICE TO THE TOWN OF UNION. EPA GAVE THESE POTENTIALLY RESPONSIBLE PARTIES THE OPPORTUNITY TO AGREE TO IMPLEMENT THE REMEDY IN EPA'S STEAD. THE TOWN AND THE VILLAGE SIGNED A CONSENT DECREE WHEREBY THE TOWN AND THE VILLAGE AGREED TO IMPLEMENT THE REMEDY SELECTED BY THE 1987 ROD. THE CONSENT DECREE WAS ENTERED 1/19/89 AND THE VILLAGE AND TOWN AGREED TO CONSTRUCT AN AIR STRIPPER TO TREAT THE WATER FROM THE RANNEY WELL. THE OPERATION OF THE AIR STRIPPER IS SCHEDULED TO BEGIN IN THE SPRING OF 1991. ON 9/19/88, EPA ISSUED AN ADMIN. ORDER TO THE TOWN, THE VILLAGE, AND IBM FOR IMPLEMENTATION OF A SUPPLEMENTAL RI/FS. IN A RI REPORT APPROVED BY THE EPA IN NOVEMBER, 1990, IT WAS FOUND THAT THE ENDICOTT LANDFILL WAS FOUND TO BE THE ONLY SIGNIFICANT SOURCE OF CONTAMINATION FOR THE RANNEY WELL. THE REPORT NOTED THAT VOCS IN THE GROUND WATER APPEARED TO BE EMANATING FROM THE LANDFILL; VOC CONTAMINANTS WERE FOUND IN WELLS SURROUNDING THE LANDFILL; ALTHOUGH THE EXISTING PURGE WELL WAS CAPTURING THE VAST MAJORITY OF THE VOCS, LOW LEVELS ARE STILL BEING DETECTED IN A GROUND WATER MONITORING WELL. A ROD FOR THE THIRD OPERABLE UNIT WAS ISSUED BY EPA ON 3/29/91. THE SECOND PHASE OF THE SUPPLEMENTAL RI/FS IS ON-GOING AND IS EXPECTED TO BE COMPLETED BY THE SUMMER OF 1991.

Defendants (4)

• ENDICOTT JOHNSON CORPNamed in complaintNamed in settlement
• ENDICOTT, VILLAGE OFNamed in complaintNamed in settlement
• GEORGE INDUSTRIESNamed in complaintNamed in settlement
• UNION, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• ENDICOTT VILLAGE WELL FIELD

  S. GRIPPEN AVENUE, ENDICOTT, NY, 13760

  Registry ID: 110009303235

Statutes cited

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

Enforcement conclusions (1)

• ENDICOTT JOHNSON CORP., ET AL.entered 1992-03-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-03-29Enforcement Action Data Entered
• 1991-03-29PRN Sent
• 1991-09-26Referred To Dept Of Justice
• 1992-01-07Complaint Filed With Court
• 1992-03-24Final Order Lodged
• 1992-03-24Final Order Entered
• 1992-03-24Concluded