EPA v. BOOTH OIL COMPANY ET AL. - NIAGARA COUNTY REFUSE SUPERFUND SITE

Case summary

THE NIAGARA COUNTY REFUSE SUPERFUND SITE INCLUDES A FORMER MUNICIPAL LANDFILL WHICH BETWEEN 1968 AND 1976 RECEIVED INDUSTRIAL WASTE AND OTHER WASTE. THE REMEDIAL INVESTIGATION DISCLOSED HAZARDOUS SUBSTANCES IN ALL SITE MEDIA INCLUDING VOLATILE ORGANIC COMPOUNDS, SEMI-VOLATILE ORGANIC COMPOUNDS, PESTICIDES, AND METALS. THE REMEDY SELECTED IN A RECORD OF DECISION ISSUED ON SEPTEMBER 24, 1993, WHICH INCLUDES CONSTRUCTION OF A CAP OVER THE LANDFILL AND ASSOCIATED ACTIVITIES, HAS A PRESENT VALUE, INCLUDING THE OPERATION AND MAINTENANCE ESTIMATED TO BE $19,800,000. EPA HAS OUTSTANDING PAST COSTS IN EXCESS OF $1,000,000. THE PRPS INCLUDE GENERATORS OF INDUSTRIAL WASTE DISPOSED OF AT THE LANDFILL, TRANSPORTERS OF INDUSTRIAL WASTE, AND FOUR MUNICIPALITIES WHICH EITHER OWNED AND OPERATED THE SITE, PRESENTLY OWN THE SITE, OR WHICH GENERATED OR TRANSPORTED WASTES DISPOSED OF AT THE SITE. EPA WILL SEEK TO HAVE THE PRPS PERFORM THE SELECTED REMEDY AND REIMBURSE IT FOR ITS PAST COSTS.

Defendants (24)

• NIAGARA UNIVERSITY
• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• OLIN CORPORATIONNamed in complaintNamed in settlement
• ALLIED SIGNAL, INC.
• BOOTH OILNamed in complaintNamed in settlement
• BP AMERICA, INC. (CARBORUNDUM, INC.)
• BROWNING FERRIS INDUSTRIES OF OHIONamed in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES OF NY INCNamed in complaintNamed in settlement
• E I DUPONT DE NEMOURS & COMPANY
• GOODYEAR TIRE & RUBBER COMPANYNamed in complaintNamed in settlement
• INDUSTRIAL HOLDINGS CORPORATIONNamed in complaintNamed in settlement
• INTERNATIONAL PAPER COMPANY
• MODERN DISPOSAL COMPANYNamed in complaintNamed in settlement
• NABISCO BRANDS, INC.
• NATIONAL GRINDING WHEEL CO., INC.
• NIAGARA COUNTYNamed in complaintNamed in settlement
• NIAGARA COUNTY REFUSE DISPOSAL DISTRICT
• NIAGARA FALLS (CITY OF)Named in complaintNamed in settlement
• NL INDUSTRIES, INC.
• NORTH TONAWANDA, CITY OFNamed in complaintNamed in settlement
• ROBLIN STEEL COMPANY
• TEXTRON, INC. (BELL AEROSPACE-TEXTRON)
• WASTE MANAGEMENT OF NEW YORK, INC.
• WHEATFIELD (TOWN OF)Named in complaintNamed in settlement

Facilities (1)

• NIAGARA COUNTY REFUSE

  WITMER RD, WHEATFIELD, NY, 14150

  Registry ID: 110009302192

Statutes cited

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

Enforcement conclusions (1)

• BOOTH OIL CO, ET ALentered 1995-02-03

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-09-30Enforcement Action Data Entered
• 1993-09-30PRN Sent
• 1994-09-23Referred To Dept Of Justice
• 1994-11-21Complaint Filed With Court
• 1995-02-03Final Order Lodged
• 1995-02-03Final Order Entered
• 1995-02-03Concluded