EPA v. AVX CORPORATION

Case summary

THIS CONSENT DECREE REQUIRES THE DEFENDANT TO PERFORM THE RD/RA SELECTED IN THE OU2 ROD FOR THE OLEAN WELLFIELD SUPERFUND SITE FOR THE AVX PROPERTY, WHICH IS PART OF THE OLEAN WELLFIELD SITE. THE CONSENT DECREE ALSO REQUIRES THE DEFENDANT TO REIMBURSE THE U.S. IN PAST RESPONSE COSTS, OVERSIGHT COSTS (PLUS AN ADDITIONAL AMOUNT IF THE CONTINGENCY REMEDY SPECIFIED IN THE ROD IS REQUIRED), 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 IDENTIFIED AS SOURCES OF CONTAMINATION TO THE AQUIFER. Under the Amended Consent Decree, entered on January 23, 2017, the Defendant will implement the 2015 Record of Decision (ROD) Amendment, pay $162,738.99 in response costs, and pay EPA's future response costs at the AVX Property of the Olean Well Field Superfund Site. The Amended Consent Decree will almost entirely supersede the 1998 Consent Decree between the EPA and Defendant.

Defendants (1)

• AVX CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OLEAN WELL FIELD

  LAUREN ST, OLEAN, NY, 14760

  Registry ID: 110009302977

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• AVX CORPORATIONentered 2017-01-23

  Primary law: CERCLA

• AVX CORPORATIONentered 1998-03-18

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-09-26Referred To Dept Of Justice
• 1997-10-02Enforcement Action Data Entered
• 1998-01-21Complaint Filed With Court
• 2016-10-28Final Order Lodged
• 2017-01-23Final Order Entered