EPA v. ALCAN ALUMINUM CORP (SEALAND)

Case summary

The U.S. District Court for the Northern District of New York approved and entered a second amendment to the remedial design/remedial action consent decree relating to the site. The consent decree was first entered in 1998 and previously required four Settling Defendants, including SBC Holdings, Inc., to perform remedial work at the site and to reimburse EPA for certain response costs. SBC Holdings now lacks the ability to pay for future cleanup activities at the site (i.e., ongoing operation and maintenance activities) or to reimburse EPA for its future response costs. Pursuant to the terms of the second amendment, SBC will pay $150,000 to EPA and, in exchange, be released from further obligations under the consent decree and receive covenants not to sue and protection from contribution actions. The remaining Settling Defendants will continue to be jointly and severally liable for all work and costs at the site.

Defendants (23)

• NIAGARA MOHAWK POWER CORPNamed in complaintNamed in settlement
• ALCAN ALUMINUM CORP
• CIBA-GEIGY CORP
• GENERAL MOTORS CORP
• ICI AMERICAS INC
• NEW YORK POWER AUTHORITY
• ASHLAND CHEMICAL INC
• AUBURN TECHNOLOGY (AKA ALCO POWER)
• BOISE CASCADE CORPNamed in complaintNamed in settlement
• CENTRAL NY INDUSTRIAL SERVICES INC
• CHEVRON CORP
• CLEAN VENTURE INC
• CONSOLIDATED RAIL CORP
• ENVIRONMENTAL WASTE RESOURCES INC
• LABELON CORPNamed in complaintNamed in settlement
• MILLER BREWING CONamed in complaintNamed in settlement
• NEPCO ENERGY CORP
• NESTLE FOODS CORP
• NORTHERN PLASTICE CORP
• POLAROID CORP
• STROH BREWING CO, THENamed in complaintNamed in settlement
• WEST CHEMICAL PRODUCTS INC
• SBC Holdings, Inc.Named in settlement

Facilities (1)

• SEALAND RESTORATION, INC.

  PRAY RD, LISBON, NY, 13658

  Registry ID: 110009323320

Statutes cited

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

Enforcement conclusions (2)

• Boise Cascade Corporation et al.entered 2023-09-19

  Primary law: CERCLA

• BOISE CASCADE CORP ET ALentered 1998-02-20

  Primary law: CERCLA

Timeline (6 milestones)

• 1995-09-30Enforcement Action Data Entered
• 1995-09-30PRN Sent
• 1997-09-29Referred To Dept Of Justice
• 1997-11-20Complaint Filed With Court
• 2023-07-12Final Order Lodged
• 2023-09-19Final Order Entered