EPA v. BATAVIA, CITY OF ET AL.

Case summary

THE SITE INCLUDES AN INACTIVE MUNICIPAL LANDFILL. NEGOTIATIONS CONCERN AN INTERIM REMEDY FOR THE PROVISION OF AN ALTERNATE WATER SUPPLY TO INDIVIDUALS LIVING SOUTH AND EAST OF THE LANDFILL WHO DRAW DRINKING WATER FROM WELLS WHICH ARE THREATENED BY RELEASE INTO THESE WELLS OF HAZARDOUS SUBSTANCES IN THE GROUNDWATER UNDERLYING THE LANDFILL. EPA BELIEVES THAT THE GROUNDWATER CONTAINING THE HAZARDOUS SUBSTANCES IS MOVING TO THE SOUTH AND EAST TOWARDS THE THREATENED RESIDENTIAL WELLS. EPA ANTICIPATES SENDING GENERAL NOTICE INVITING THE PRPS TO IMPLEMENT THE SELECTED REMEDY AND DEMANDING PAYMENT OF EPA'S COSTS AT THE SITE (EXCEPT FOR COSTS INCURRED PURSUANT TO A REMOVAL ACTION WHICH CERTAIN PRPS HAVE AGREED TO PAY UNDER A REMOVAL CONSENT ORDER). SIGNED CD SENT TO HQ FOR APPROVAL OF SETTLEMENT. THE U.S. ALSO AGREES TO RESOLVE THE CLAIMS OF THE FEDERAL TRUSTEES FOR NATURAL RESOURCES IN RETURN FOR A PAYMENT AND THE CREATION OF AN ADDITIONAL THREE ACRES OF WETLANDS AT THE SITE. THE STATE OF NY IS A CO-PLAINTIFF UNDER THE DECREE. DOJ HAS BEEN INVOLVED IN THE SETTLEMENT PROCESS SINCE 1995 WHEN THE SITE WAS SELECTED AS A NATIONAL ALLOCATION PILOT. 20 DEFENDANTS NAMED IN THE COMPLAINT.

Defendants (23)

• AGWAY INCNamed in complaintNamed in settlement
• GTE PRODUCTS CORP
• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• NL INDUSTRIES INCNamed in complaintNamed in settlement
• P.W. MINOR & SONS INCNamed in complaintNamed in settlement
• R.E. CHAPIN MANUFATURING WORKS INC
• SHERWIN WILLIAMS CO (THE)Named in complaintNamed in settlement
• BATAVIA METAL PRODUCTS CORPNamed in complaintNamed in settlement
• BATAVIA, CITY OF NYNamed in complaintNamed in settlement
• BATAVIA, TOWN OF NYNamed in complaintNamed in settlement
• BYRON ENTERPRISES INCNamed in complaintNamed in settlement
• U.S. CHROME CORP OF NYNamed in complaintNamed in settlement
• U.S. VETERANS ADMINISTRATION
• UNISYS CORPNamed in complaintNamed in settlement
• WASTE MANAGEMENT OF NY LLCNamed in complaintNamed in settlement
• GENESEE VALLEY BOARD OF COOPERAT'E EDUCANamed in complaintNamed in settlement
• GRAHAM CORPNamed in complaintNamed in settlement
• EATON CORPNamed in complaintNamed in settlement
• CHAPIN MANUFACTURING INCNamed in complaintNamed in settlement
• BATAVIA NEWSPAPERS CORP D/B/ANamed in complaintNamed in settlement
• GTE OPERATIONS SUPPORT INCNamed in complaintNamed in settlement
• MARK IV INDUSTRIES INCNamed in complaintNamed in settlement
• NYSD OF CORRECTIONAL FACILITIES, ATTICANamed in complaintNamed in settlement

Facilities (1)

• BATAVIA LANDFILL PRP GROUP

  1 HARLOFF RD, BATAVIA, NY, 14020

  Registry ID: 110004464286

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BATAVIA, CITY OF BATAVIA ET ALentered 2000-12-28

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-07-31Enforcement Action Data Entered
• 1992-09-30PRN Sent
• 2000-09-27Referred To Headquarters
• 2000-09-28Referred To Dept Of Justice
• 2000-09-29Final Order Lodged
• 2000-09-29Complaint Filed With Court
• 2000-12-28Final Order Entered
• 2000-12-28Concluded