EPA v. MCGRAW EDISION (OLEAN)

Case summary

PRN MINI LITIGATION REPORT SIGNED SEPTEMBER 29, 1995. THE REPORT IS INTENDED TO PREPARE EPA AND THE DOJ FOR THE COMMENCEMENT OF NEGOTIATIONS BETWEEN THE U.S. AND THE PRPS AT THE SITE. EPA EXPECTS TO BEGIN NEGOTIATION A CONSENT DECREE WITH THE PRPS DURING THE WINTER OF 1995-96 UNDER CERCLA FOR THE PERFORMANCE OF REMEDIAL DESIGN AND REMEDIAL ACTION FOR THE SITE, AND FOR THE RECOVERY OF EPA'S PASTS COSTS. * THERE ARE FOUR (4) PROPOSED DEFENDANTS (PRPS) * FACILITY NAME: OLEAN WELLFIELD ADDRESS: LAUREN STREET CITY & ST: OLEAN, NY 14760 * CERCLIS ID NO: 16 * THE CONSENT DECREE REFERRAL REQUIRES MCGRAW-EDISON COMPANY AND COOPER INDUSTRIES, INC. (SETTLING DEFENDANTS) TO PERFORM THE RD/RA SELECTED IN THE OU2 RECORD OF DECISION FOR THE OLEAN WELLFIELD SITE FOR THE MEGRAW-EDISON PROPERTY WHICH IS PART OF THE OLEAN WELLFIELD SUPERFUND. THE CONSENT DECREE ALSO REQUIRES THE SETTLING DEFENDANTS TO REIMBURSE THE U.S. $350,000 IN PAST RESPONSE COSTS, TO PAY UP TO $200,000 IN OVERSIGHT COSTS, PAY OTHER FUTURE RESPONSE COSTS ASSOCIATED WITH ITS PROPERTY, PAY 1/4 OF ALL OTHER FUTURE RESPONSE COSTS ASSOCIATED WITH THE SITE THAT ARE NOT ASSOCIATED WITH ITS PROPERTY OR THREE OTHER PROPERTIES IDEN- TIFIED AS SOURCES OF CONTAMINATION TO THE AQUIFER.

Defendants (5)

• MCGRAW EDISON COMPANYNamed in complaintNamed in settlement
• ALCAS CUTLERY CORP
• AVX CORP
• COOPER INDUSTRIES, INC.Named in complaintNamed in settlement
• LOOHN'S CLEANERS AND LAUNDERERS INC

Facilities (1)

• OLEAN WELL FIELD

  LAUREN ST, OLEAN, NY, 14760

  Registry ID: 110009302977

Statutes cited

• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MCGRAW-EDISON COMPANY & COOPER INDUSTRIES, INCentered 1998-03-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-09-29Enforcement Action Data Entered
• 1995-09-29PRN Sent
• 1997-09-26Referred To Dept Of Justice
• 1998-01-21Final Order Lodged
• 1998-01-21Complaint Filed With Court
• 1998-03-18Final Order Entered
• 1998-03-18Concluded