EPA v. U.S. Department of the Army

Case summary

In 1993, EPA Region II, the Department of the Army, and the State of New York entered into a Federal Facilities Agreement (FFA) concerning the Seneca Army Depot, a 10,587-acre military facility located in Seneca County near Romulus, New York, which is closing under the Base Realignment and Closure program. Under the FFA, the Army has produced, is producing, and will continue to produce Records of Decision (RODs) in conjunction with EPA Region II for the myriad subsites within this Federal Facility. On March 31, 2009, EPA signed a ROD for the AOCs denominated as SEAD-59 (The Fill Area West of Building 135) and SEAD-71 (The Alleged Paint Disposal Area) providing for land use and groundwater restriction controls for those AOCs that will prohibit residential housing, elementary and secondary schools, childcare facilities, and playgrounds at those AOCs, and that will also prohibit access to, and use of, groundwater at those AOCs. On May 6, 2009 EPA signed a ROD for the AOCs denominated as: SEAD-1 (Hazardous Waste Container Storage Facility) where the ROD provides for Land Use Controls (LUCs) to i) prohibit residential housing, elementary and secondary schools, childcare facilities and playgrounds; and ii) prohibit access to, and use of, groundwater at the AOCs; SEAD-2 (PCB Transformer Storage Facility) where the ROD provides for the same LUCs as for SEAD-1; SEAD-5 (Sewage Sludge Waste Piles) where the ROD provides for placement of soil cover over certain contaminated soils including at least one foot of clean fill, placing demarcation fabric (e.g., colored ?snow? or safety fence) between the contaminated soil and the clean fill; for the same LUCs as for SEAD-1 SEAD-2; and for an additional LUC that prohibits unauthorized excavations or activities that might compromise the integrity of the engineered cover.;SEAD-24 (Abandoned Powder Burn Pit) where the ROD provides for no further action; and SEAD-48 (Row E0800 Pitchblende Storage Igloos) where the ROD provides for no further action. On September 25, 2009, EPA signed a ROD for the AOC denominated as SEAD-11 (the Old Construction Debris Landfill) in which a no further action remedy was selected for SEAD-11. On July 8, 2026, EPA signed a ROD for Operable Unit 17 of the Open Detonation Grounds Munitions Response Site.

Defendants (1)

• U.S. Department of the ArmyNamed in complaintNamed in settlement

Facilities (2)

• U S SENECA ARMY DEPOT

  5786 STATE ROUTE 96, ROMULUS, NY, 14541

  Registry ID: 110071100643

• SENECA ARMY DEPOT

  6600 NY-96, ROMULUS, NY, 14541

  Registry ID: 110071100643

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (9)

• U.S. Department of the Armyentered 2006-09-29

  Primary law: CERCLA

• U.S. Department of the Armyentered 2008-09-22

  Primary law: CERCLA

• U.S. Department of the Armyentered 2009-09-25

  Primary law: CERCLA

• U.S. Department of the Armyentered 2006-09-28

  Primary law: CERCLA

• U.S. Department of the Armyentered 2008-08-07

  Primary law: CERCLA

• U.S. Department of the Armyentered 2009-03-31

  Primary law: CERCLA

• U.S. Department of the Armyentered 2026-07-08

  Primary law: CERCLA

• U.S. Department of the Armyentered 2009-05-06

  Primary law: CERCLA

• U.S. Department of the Armyentered 2007-07-03

  Primary law: CERCLA

Timeline (3 milestones)

• 1993-11-21Complaint Filed/Proposed Order
• 2006-10-04Enforcement Action Data Entered
• 2026-07-08Final Order Issued