EPA v. ROWE INDUSTRIES

Case summary

ROWE INDUSTRIES SUPERFUND SITE IN THE VILLAGE OF SAG HARBOR, SUFFOLK COUNTY, NEW YORK. DURING THE FIRST QUARTER OF 1993, THE REGION EXPECTS TO COMMENCE NEGOTIATIONS FOR A CONSENT DECREE UNDER SECTIONS 107A AND 113B OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED, 42 U.S.C. SECTIONS 9607A AND 9613B, FOR THE PERFORMANCE OF REMEDIAL DESIGN AND REMEDIAL ACTION AT THE SITE. FROM THE 1950'S THROUGH THE EARLY 1960'S THE SITE WAS ORIGINALLY OWNED AND OPERATED BY ROWE INDUSTRIES INC. DURING THAT TIME ROWE MANUFACTURED SMALL ELECTRIC MOTORS AND TRANSFORMERS. DURING THIS PROCESS, CHLORINATED SOLVENTS WERE USED TO DEGREASE OIL-COATED METALS. WASTE SOLVENTS WERE DISCHARGED FROM TWO TANKS IN THE BUILDING INTO CESSPOOLS AND/OR THROUGH A CONNECTING PIPE TO AN OPEN FIELD. THE PLANT AND THE PROPERTY ON WHICH IT IS LOCATED WAS SOLD BY NABISCO IN 1980 TO SAG HARBOR INDUSTRIES, INC., A COMPANY WHICH MANUFACTURES ELECTRONIC PARTS. THE SMALL ELECTRONIC PARTS ARE CURRENTLY CLEANED WITH FREON 113. GROUNDWATER CONTAMINATION WAS FIRST DISCOVERED IN THE SAG HARBOR AREA IN 1983. THE SUFFOLK COUNTY DEPT. OF HEALTH SERVICES SAMPLED WATER FROM A PRIVATE WELL AND REVEALED CONTAMINATION BY THREE SOLVENTS, 1,1,1-TRICHLOROETHANE (TCA) 1,1,2-TRICHLOROETHYLENE (TCE) AND TETRACHLOROETHYLENE (PCE), AND IRON. EPA SUBSEQUENTLY DETERMINED THAT A SIGNIFICANT RISK OF HARM TO HUMAN HEALTH EXISTED AT THE SITE AND ISSUED AN ACTION MEMORANDUM WHICH AUTHORIZED AN IMMEDIATE REMOVAL ACTION. THE UNITED STATES FILED A COMPLAINT UNDER SECTION 107 OF CERCLA AGAINST NABISCO AND SAG HARBOR INDUSTRIES ON 9/30/86 SEEKING RECOVERY OF THE RESPONSE COSTS INCURRED. BASED ON FACTORS INCLUDING THE EXTENT OF GROUNDWATER CONTAMINATION, THE ROWE INDUSTRIES SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST ON 6/10/86. EPA THEN ISSUED AN ADMINISTRATIVE CONSENT ORDER ON 9/30/88 WHICH REQUIRED NABISCO TO PERFORM A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY. PURSUANT TO THE ORDERS, THE RI WAS PERFORMED. THE RESULTS REVEALED THAT THE THREE PREVALENT COMPOUNDS WERE AGAIN DETECTED. IT WAS ALSO FOUND THAT THE SOURCES OF GROUNDWATER CONTAMINATION WERE THE SLUDGE AND SEDIMENTS IN DRY WELLS. THE RI/FS REPORTS AND THE PROPOSED PLAN WERE RELEASED FOR PUBLIC COMMENT. AFTER THE PUBLIC COMMENT PERIOD ENDED, EPA DETERMINED THE REMEDIAL ACTION FOR THE SITE IN THE RECORD OF DECISION. THE PREFERRED ALTERNATIVE FOR THE SOIL REMEDIATION IS EXCAVATION OF CONTAMINATED SOILS FROM THE DRUM STORAGE AREA AND DRY WELLS AND DISPOSAL OFF-SITE AT A RCRA PERMITTED LANDFILL. EPA INTENDS TO ISSUE SPECIAL NOTICE LETTERS TO NABISCO AND SAG HARBOR INDUSTRIES INVITING THEM TO PERFORM THE REMEDIAL DESIGN AND REMEDIAL ACTION SELECTED IN THE ROD.

Defendants (3)

• NABISCO, INCNamed in complaintNamed in settlement
• ROWE INDUSTRIESNamed in complaintNamed in settlement
• SAG HARBOR INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• ROWE INDUSTRIES GROUND WATER CONTAMINATION

  NOYACK ROAD, NOYACK/SAG HARBOR, NY, 11963

  Registry ID: 110009342540

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• NABISCO, INC.entered 1994-04-20

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-02-01Enforcement Action Data Entered
• 1992-09-30PRN Sent
• 1993-09-30Referred To Dept Of Justice
• 1993-12-10Complaint Filed With Court
• 1994-04-20Final Order Lodged
• 1994-04-20Final Order Entered
• 1994-04-20Concluded