EPA v. ENDICOTT JOHNSON ET AL. - ENDICOTT WELLFIELD SUPERFUND SITE

Case summary

THIS IS AN UPDATE TO THE PRE-REFERRAL SENT TO DOJ REGARDING THE SITE ON MARCH 29, 1991. BASED UPON INSPECTIONS AND STUDIES CONDUCTED BY THE EPA BETWEEN 1981 AND 1983, IT WAS DETERMINED THAT THE WATER FROM THE RANNEY WELL WAS CONTAMINATED WITH VOLATILE ORGANIC COMPOUNDS, PARTICULARLY VINYL CHLORIDE AND TRACE AMOUNTS OF OTHER VOCS. BETWEEN MARCH 1986 AND JULY 1987, NYSDEC CONDUCTED A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY 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 RESPONSIBILITY FOR THE SITE. EPA ENTERED INTO A CONSENT DECREE WITH TWO POTENTIALLY RESPONSIBLE PARTIES, THE VILLAGE OF ENDICOTT, NEW YORK AND THE TOWN OF UNION, NEW YORK, PURSUANT TO WHICH THE TOWN AND THE VILLAGE AGREED TO IMPLEMENT THE REMEDY SELECTED BY THE 1987 ROD. THE CONSENT DECREE WAS ENTERED ON 1/19/89 IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. THE VILLAGE AND THE TOWN AGREED PURSUANT TO THE CONSENT DECREE TO CONSTRUCT AN AIR STRIPPER TO TREAT THE WATER FROM THE RANNEY WELL. THE AIR STRIPPER BEGAN OPERATING AT THE SITE DURING THE FALL OF 1991. ON 9/19/88, EPA ISSUED AN ADMINISTRATIVE 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 GROUNDWATER 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 GROUNDWATER MONITORING WELL. THE SECOND PHASE OF THE SUPPLEMENTAL RI/FS, WHICH WAS DESIGNED TO FURTHER DELINEATE THE CONTAMINATION PLUMES, WAS APPROVED BY EPA IN SEPTEMBER, 1992. A ROD FOR THAT OPERABLE UNIT, DESIGNATED OU2 ROD, WAS ISSUED BY EPA ON 9/30/92. THE OU2 ROD REQUIRES THE CAPPING OF THE MAJORITY OF THE LANDFILL SURFACE WITH A LOW PERMEABILITY BARRIER CAP, PERFORMING AN EXPLOSIVE GAS INVESTIGATION AND INSTALLATION OF A GAS VENTING SYSTEM, COLLECTING, TREATING, AND DISPOSING OF THE LEACHATE SEEP TO THE SUSQUEHANNA RIVER, AND PERFORMING LONG-TERM OPERATION AND MAINTENANCE OF THE LANDFILL CAP. THIS IS EXPECTED TO BE THE FINAL REMEDY FOR THE SITE.

Defendants (7)

• ENDICOTT JOHNSON CORPNamed in complaintNamed in settlement
• ENDICOTT WELLFIELD SUPERFUND SITE
• ENDICOTT, VILLAGE OFNamed in complaintNamed in settlement
• GEORGE INDUSTRIES, INC
• INTERNATIONAL BUSINESS MACHINES CORPNamed in complaintNamed in settlement
• MIDSTATE LITHO - THUNDER PROJECTS, INC.
• THE TOWN OF UNION, NEW YORKNamed in complaintNamed in settlement

Facilities (1)

• ENDICOTT VILLAGE WELL FIELD

  S. GRIPPEN AVENUE, ENDICOTT, NY, 13760

  Registry ID: 110009303235

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ENDICOTT JOHNSON CORP, ET ALentered 1994-01-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-08-16Enforcement Action Data Entered
• 1992-09-30PRN Sent
• 1993-09-22Referred To Dept Of Justice
• 1993-11-04Complaint Filed With Court
• 1994-01-18Concluded
• 1994-01-18Final Order Lodged
• 1994-01-18Final Order Entered