EPA v. Mattiace, Industries, Inc., et al

Case summary

The settlement provides for the takeover of the ongoing long-term action (LTRA) and operation and maintenance (O&M) of the groundwater and soil treatment system at the Site, and for the settlement of response costs incurred and to be incurred by the United States and the State of New York. Such work is expected to reduce groundwater contaminant levels below MCLs. In addition, EPA's past costs and EPA's interim and future costs will be paid by the settling parties under the Consent Decree. The Consent Decree also settles the claims of the State for recovery of its past and future costs at the Site, and provides for a settlement with the Federal and State natural resource trustees for natural resource damages associated with the Site. The Consent Decree includes a De Minimis cost recovery settlement with 44 of the Settling Parties, as well as Ability-To-Pay settlements with three Settling Parties. Given the unique circumstances of the case, the response action contractor TRC Companies, Inc./TRC Engineers, Inc. (TRC), is included as a jointly and severally liable party (even though it has no CERCLA liability at the Site otherwise), and will be responsible in the first instance for performing the remainder of the Site LTRA and O&M. The Consent Decree also contains language which allows the performing parties to provide financial assurance by means of an insurance policy. Seeking an Amendment which requires the Work Settling Parties to implement the new remedy selected in the amended Record of Decision (the 2014 Amended ROD) to address the remaining contaminated groundwater and soil gas attributable to the Site and modifies the Consent Decree by replacing the original Remedial Design/Remedial Action Statement of Work (SOW).

Defendants (98)

• TISHCON CORPNamed in complaintNamed in settlement
• Metropolitan Transit AuthorityNamed in complaintNamed in settlement
• New York City Transit AuthorityNamed in complaintNamed in settlement
• Nestle, USA, Inc succ to Fruitcrest Corp & NestleNamed in complaintNamed in settlement
• Newco Inc.Named in complaintNamed in settlement
• New York City Bus Tours, Inc dba NY Bus ServiceNamed in complaintNamed in settlement
• Meenan Oil Co., L.P.Named in complaintNamed in settlement
• Metropolitan Transit Authority Bridges & TunnelsNamed in complaintNamed in settlement
• Metropolitan Transit Authority Long Island RRNamed in complaintNamed in settlement
• BORDEN INCNamed in settlement
• CITY ENAMELING CORPORATIONNamed in complaintNamed in settlement
• Greenwich Air ServicesNamed in complaintNamed in settlement
• GE Aircraft Engines CompanyNamed in complaintNamed in settlement
• Lorage Operating Corp fka Ulano CorpNamed in complaintNamed in settlement
• Lyondell Chemical CompanyNamed in complaintNamed in settlement
• Luitpold Pharmaceuticals, IncNamed in complaintNamed in settlement
• Mac-Art Spray Finishing CorpNamed in complaintNamed in settlement
• Avis Rent A Car Systems, Inc.Named in complaintNamed in settlement
• BAE Systems Information (and its predecessors)Named in complaintNamed in settlement
• Beacon Chemical Company, IncNamed in complaintNamed in settlement
• Best Merchandise Corp. fka Arthur Matney Co., Inc.Named in complaintNamed in settlement
• Borden Chemical, Inc.Named in complaintNamed in settlement
• Brenner Paper Products Company, IncNamed in complaintNamed in settlement
• Bulova CorporationNamed in complaintNamed in settlement
• Central Aviation and Marine Co.Named in complaintNamed in settlement
• …and 73 more

Facilities (1)

• MATTIACE PETROCHEMICAL CO

  16 GARVIES POINT RD, GLEN COVE, NY, 11542

  Registry ID: 110002042334

Statutes cited

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

Enforcement conclusions (2)

• Mattiace, et alentered 2003-06-16

  Primary law: CERCLA

• Mattiace, Industries, Inc., et alentered 2018-06-08

  Primary law: CERCLA

Timeline (6 milestones)

• 2000-07-24Referred To Dept Of Justice
• 2000-09-29Enforcement Action Data Entered
• 2003-02-28Complaint Filed With Court
• 2017-09-29Supplemental Referral-Other
• 2018-01-03Final Order Lodged
• 2018-06-08Final Order Entered