EPA v. E.I. DUPONT DE NEMOURS AND COMPANY

Case summary

EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER TO DUPONT ON MAY 1, 1985, PURSUANT TO SECTION 3013 OF RCRA FOR DUPONT TO CONDUCT AN INVESTIGATION OF CONTAMINATION EMANATING FROM THE NECCO PARK LANDFILL. DUPONT CHALLENGED THE ADMINISTRATIVE ORDER IN U.S. DISTRICT COURT (WDNY) SEEKING A STAY OF THE ORDER AND A FINDING THAT RCRA SECTION 3013 WAS UNCONSTITUTIONAL. AFTER A LESS THAN LUCID DECISION BY THE COURT DENYING A PRELIMINARY INJUNCTION, EPA AND DUPONT COMMENCED NEGOTIATIONS ON THE NATURE AND EXTENT OF FURTHER SITE INVESTIGATIONS. THESE NEGOTIATIONS CULMINATED IN A 1988 CONSENT DECREE UNDER RCRA SECTION 3013 REQUIRING ADDITIONAL SITE INVESTIGATION. IN SEPTEMBER 1989, EPA AND DUPONT ENTERED AN ADMINISTRATIVE ORDER ON CONSENT UNDER CERCLA SECTIONS 104 & 122, REQUIRING FURTHER SITE INVESTIGATIONS. THE RCRA CONSENT DECREE WAS TERMINATED IN JULY 1992, AND INVESTIGATIONS CONTINUED THEREAFTER EXCLUSIVELY PURSUANT TO CERCLA AUTHORITIES. EPA PUBLISHED A PROPOSED PLAN IN 1996 WHICH DUPONT CHALLENGED. SINCE THE SITE WAS NOT ON THE NATIONAL PRIORITIES LIST AND COULD NOT BE REMEDIATED WITH A FUND LEAD, EPA RECOMMENCED NEGOTIATIONS WITH DUPONT WHICH RESULTED IN A MODIFICATION TO THE PROPOSED PLAN AND A RECORD OF DECISION ON SEPTEMBER 18, 1998. EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER TO DUPONT ON SEPTEMBER 28, 1998, FOR REMEDIAL DESIGN AND REMEDIAL ACTION (RDRA). DUPONT HAS BEEN IMPLEMENTING THE RD IN ACCORDANCE WITH THE ORDER. THE CASE SEEKS COST RECOVERY OF RCRA COSTS INCURRED UNDER THE 1988 CONSENT DECREE AND COSTS INCURRED SINCE THE EXPIRATION OF THE 1989 CONSENT ORDER (THE 1989 AOC PROVIDED FOR EPA COST RECOVERY WHILE THE 1988 CONSENT DECREE DIDN'T).

Defendants (1)

• E.I. DUPONT DE NEMOURS & CO.Named in complaintNamed in settlement

Facilities (1)

• DUPONT /NECCO PARK

  56TH & PINE, NIAGARA FALLS, NY, 14304

  Registry ID: 110009262797

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2005-06-20

  Primary law: CERCLA

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2004-08-31

  Primary law: CERCLA

Timeline (6 milestones)

• 2000-09-26Enforcement Action Data Entered
• 2000-09-29Referred To Dept Of Justice
• 2001-09-17Complaint Filed With Court
• 2005-06-20Concluded
• 2005-06-20Final Order Entered
• 2005-06-20Final Order Lodged