EPA v. INTERNATIONAL PAPER INC

Case summary

THE WARWICK LANDFILL SUPERFUND SITE (THE SITE ) IS LOCATED APPROXIMATELY ONE AND ONE-HALF MILES NORTHEAST OF THE VILLAGE OF GREENWOOD LAKE IN THE TOWN OF WARWICK, ORANGE COUNTY, NY. THE LANDFILL MOUND TRANSECTS A SMALL VALLEY AND OCCUPIES APPROXIMATELY 13 ACRES OF A 25 ACRE LEASEHOLD PARCEL. THE SITE WAS OWNED AND FARMED BY THE PENALUNA FAMILY FROM 1898 TO THE MID-1950S, WHEN THE TOWN OF WARWICK LEASED THE PROPERTY FROM THE PENALUNA FAMILY AND UTILIZED IT AS A RE- FUSE DISPOSAL AREA. THE FACILITY ACCEPTED MUNICIPAL WASTES FROM THE SURROUNDING TOWNS IN ORANGE COUNTY. RECENT EVIDENCE INDICATES THAT SOME INDUSTRIAL WASTE CONTAINING HAZARDOUS SUBSTANCES WAS ALSO SENT TO THE SITE DURING THE TOWN OF WARWICK'S OPERATION. THE TOWN OF WARWICK OPERATED THE LANDFILL UNTIL 1977. THE LANDFILL WAS REGULATED BY THE ORANGE COUNTY DEPT. OF HEALTH ( OCDOH ) DURING THIS TIME. IN APRIL 1977, THE SITE WAS LEASED FROM THE PROPERTY OWNER MRS. MILLIE MAE PENALUNA, BY GRACE DISPOSAL AND LEASING, LTD. ( GRACE DISPOSAL ), HARRIMAN, NY. ON JULY 15, 1977, GRACE DISPOSAL WAS GRANTED A PERMIT TO OPERATE THE REFUSE DISPOSAL AREA BY OCDOH. REGULATION OF SANITARY LANDFILLS WAS THEN TAKEN OVER BY THE NYSDEC. GRACE DISPOSAL APPLIED FOR A SANITARY LANDFILL PERMIT WITH NYSDEC ON FEB. 28, 1978 AND OPERATED UNDER A TEMPORARY PERMIT BASED ON THE TIMELY COMPLETION OF ITS PERMIT APPLICATION. DURING THE PERIOD BETWEEN 1977 AND 1979, ACCORDING TO OB- SERVATIONS OF SURROUNDING LANDOWNERS, THE LANDFILL WAS USED TO DISPOSE OF WASTE MATERIALS WHICH APPEARED TO CONTAIN HAZ- ARDOUS SUBSTANCES. THE IDENTIFIED GENERATORS OF THESE WASTE MATERIALS AND THE TRANSPORTERS ARE INCLUDED IN THE DEFENDANT LIST. IN THE SPRING OF 1979, IN RESPONSE TO CONCERNS OF LOCAL CITIZENS WHO HAD REPORTED OBSERVATIONS OF SUSPICIOUS DUMPING ACTIVITIES, NYSDEC AND EPA COLLECTED AND ANALYZED SAMPLES FROM THE SITE. AMOUNG THE HAZARDOUS SUBSTANCES DETECTED DURING THIS SAMPLING WERE BENZENE AND TOLUENE. SHORTLY THEREAFTER, GRACE DISPOSAL WAS ISSUED A TEMPORARY RESTRAIN'G ORDER AGAINST FURTHER OPERATION BY THE NEW YORK STATE SUPREME COURT, PENDING A TOWN REQUEST FOR AN INJUCNTION TO CLOSE THE LANDFILL UNTIL STATE AND TOWN ORDINANCES WERE SATISFIED. ON SEPT. 4, 1979, ADM. LAW JUDGE DANIEL E. LOUIS DENIED GRACE DISPOSAL'S PERMIT APPLICATION AND ORDERED THEM TO CLOSE THE LANDFILL. PURSUANT TO THE ORDER, THE SITE WAS COVERED, GRADED, AND CLOSED BY GRACE DISPOSAL IN 1980. ON JUNE 11, 1980, NYSDEC WAS NOTIFIED THAT A CERTIFICATE OF DISSOLUTIN HAD BEEN FILED BY GRACE DISPOSAL. IN 1984, OWNERSHIP OF THE PROPERTY WAS TRANSFERRED TO ORANGE COUNTY FOR NON-PAYMENT OF BACK TAXES. ON 11/18/86, THE PROPERTY WAS CONVEYED FROM ORANGE COUNTY TO NEWBURGH, NY DEVELOPERS. ON 12/7/87, THE PROPERTY WAS CONVEYED FROM NEWBURGH, NEW YORK DEVELOPERS TO L&B DEVELOPERS, WHO ARE THE CURRENT OWNERS. IN RESPONSE TO A NOTICE OF FORECLOSURE SALE PUBLISHED BY THE MORTGAGEE OF L&B DEVELOPERS, EPA FILED A NOTICE OF LIEN ON THE PROPERTY ON MARCH 22, 1991 PURSUANT TO SECTION 107(L) CERCLA, 42 U.S.C. SECT 9607(1). AS A RESULT OF THE NOTICE OF LIEN, THE MORTGAGEE POSTPONED THE FORE- CLOSURE SALE. BASED ON A PA/SI DONE IN 1983, THE SITE WAS PROPOSED FOR INCLUSION ON EPA'S NPL OF UNCONTROLLED HAZARDOUS WASTE SITES IN 1985, AND WAS ADDED TO THE NPL IN MARCH 1989. A DRAFT POTENTIALLY RESPONSIBLE PARTY ( PRP ) SEARCH WAS PERFORMED BY CAMP, DRESSER, AND MCKEE FOR EPA AND WAS COM- PLETED ON 9/30/86. THE RESULTS OF THAT SEARCH, FURTHER IN- VESTIGATION STEMMING FROM THAT SEARCH, AND RESPONSES TO IN- FORMATION REQUEST LETTERS SENT OUT

Defendants (14)

• NEPERA INCNamed in complaintNamed in settlement
• REICHHOLD CHEMICALS INCNamed in settlement
• UNION CARBIDE CORPNamed in settlement
• ROUND LAKE SANITATION CORP.Named in complaintNamed in settlement
• WARWICK, TOWN OFNamed in settlement
• ISA IN NEW JERESY, INC.Named in complaintNamed in settlement
• LIGHTRON CORPNamed in settlement
• ORANGE AND ROCKLAND UTILITIES, INC.Named in settlement
• REVERE SMELTING & REFINING CORP., OF NJNamed in complaintNamed in settlement
• AVON PRODUCTS, INC.Named in settlement
• FORD MOTOR COMPANYNamed in settlement
• GEORGIA-PACIFIC CORPNamed in settlement
• IBMNamed in settlement
• INTERNATIONAL PAPER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• WARWICK LANDFILL

  PENALUNA RD/OLD TUXEDO/DUTCH H, WARWICK, NY, 10990

  Registry ID: 110009262724

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (6)

• INTERNATIONAL PAPER (NEPERA)entered 1996-11-08

  Primary law: CERCLA

• INTERNATIONAL PAPER ET AL (6 SETTLING DEFENDANTS)entered 1997-04-22

  Primary law: CERCLA

• INTERNATIONAL PAPER CO., ET ALentered 1996-06-10

  Primary law: CERCLA

  Federal penalty: $262,500

• INTERNATIONAL PAPER COentered 1996-11-08

  Primary law: CERCLA

• INTERNAT'L PAPER (2 SETT'DEF'S)entered 1997-01-03

  Primary law: CERCLA

• INTERNAT'AL PAPER,REVERE SMELTING & REFINING & LIGentered 1997-06-06

  Primary law: CERCLA

Timeline (8 milestones)

• 1991-06-24Enforcement Action Data Entered
• 1991-06-24PRN Sent
• 1992-09-30Referred To Dept Of Justice
• 1994-06-24Complaint Filed With Court
• 1997-02-22Final Order Lodged
• 1997-06-06Final Order Entered
• 1997-06-06Concluded
• 1997-09-30Enforcement Action Closed