EPA v. GENERAL MOTORS CORPORATION

Case summary

REFERRAL TO DOJ REQUESTING APPROVAL, SIGNATURE, AND FILING OF JUDICIAL CONSENT DECREE. THE CD REQUIRES THE SETTLING DEFENDANT TO PAY $1,245,832.73 FOR PAST RESPONSE COSTS INCURRED BY EPA WITH RESPECT TO THE SITE, PLUS AN ADDITIONAL SUM FOR INTEREST ON THAT AMOUNT CALCULATED FROM JUNE 28, 2000 (THE DATE OF DEMAND) THROUGH THE DATE OF PAYMENT. *** GENERAL MOTORS CORP ( GM ) HAS OPERATED AN ALUMINUM AUTO- MOBILE PARTS MANUFACTURING FACILITY AT THE GM COMPANY - CENTRAL FOUNDRY DIVISION SUPERFUND SITE IN MASSENA, ST. LAWRENCE COUNTY, NEW YORK (THE SITE ) SINCE 1959. IN CON- NECTION WITH THE COMPANY'S OPERATIONS, POLYCHLORINATED BIPHENYLS ( PCBS ) WERE RELEASED AT THE SITE. IN 1985, EPA ORDERED GM TO PERFORM A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) AT THE SITE TO DETERMINE THE NATURE AND EX- TENT OF PCB AND OTHER CONTAMINATION THERE. UNDER THE ORDER, GM AGREED TO REIMBURSE EPA FOR ITS RESPONSE AND OVERSIGHT COSTS INCURRED IN CONNECTION WITH THE ORDER. * BY LETTER DATED JUNE 28, 2000, EPA DEMANDED PAYMENT FROM GM OF $1,302,148.34 IN SITE-RELATED RESPONSE COSTS PAID BY EPA BETWEEN MARCH 1994 AND JAN. 1, 2001. ON JUNE 2, 2000, EPA PUBLISHED IN THE FEDERAL REGISTER GUIDANCE ON EXERCISING CERCLA ENFORCEMENT DISCRETION IN ANTICIPATION OF FULL COST ACCOUNTING CONSISTENT WITH THE 'STATEMENT OF FEDERAL FINAN- CIAL ACCOUNTING STANDARDS NO. 4 , 65 FED. REG. 34339 (JUNE 2, 2000), IN WHICH EPA INDICATED THAT IT HAD DEVELOPED A NEW SUPERFUND INDIRECT COST METHODOLOGY, AND WOULD ISSUE REVISED INDIRECT COST RATES FOR EACH REGION ON OCT. 2, 2000. USE OF THE REVISED INDIRECT COST RATES LOWERED THE INDIRECT COSTS SOUGHT IN EPA'S JUNE 28, 2000 DEMAND BY $56,696.65. IN ADDITION, EPA OFFERED TO REDUCE THE SETTLEMENT AMOUNT BY $58.74 TO ACCOUNT FOR ALLEGED OVERCHAGES BY AN EPA CONTRAC- TOR, ICF/KAISER INTERNATIONAL, INC., FOR WORK PERFORMED IN CONNECTION WITH THE SITE. NEW ANNUAL ALLOCATION RATES FOR TWO CONTRACTS WERE FINALIZED DURING THIS DISCUSSION PERIOD AND THUS THESE CHARGES INCREASED SLIGHTLY. ALL TOTALED, THE CUMULATIVE EFFECT OF THE ADJUSTMENTS REFERRED TO ABOVE WAS A DECREASE IN EPA'S DEMAND FROM $1,302,148.34 TO$1,245,832.73. AFTER CONSULTING WITH THE OFFICE OF SITE REMEDIATION EN- FORCEMENT, THE REGION OFFERED GM THE OPPORTUNITY TO SETTLE EPA'S DEMAND AT THE RECALCULATED AMOUNT AND THEY AGREED. * ON APRIL 12, 2001, THE R/A OF EPA REGION 2 APPROVED AND SIGNED A COST RECOVERY CONSENT DECREE ( CD ) BETWEEN THE U.S. AND GM WITH RESPECT TO THE SITE. UNDER THE CD, GM WILL REIMBURSE EPA FOR $1,245,832.73 IN SITE-RELATED PAST RE- SPONSE COSTS. THE CD WAS LODGED AND THE COMPLAINT FILED W/ THE COURT ON APRIL 23, 2001. CD WAS THEN ENTERED BY THE CT. GM CENTRAL FOUNDRY DIV, TOWN OF MASSENA, NY 04/12/01 - REFERRED TO DOJ 04/23/01 - COMPLIANT FILED AND CD LODGED. 06/20/01 - CD ENTERED BY THE COURT (CD# 02-2001-C025).

Defendants (1)

• GENERAL MOTORS CORPNamed in complaintNamed in settlement

Facilities (4)

• GENERAL MOTORS (CENTRAL FOUNDRY DIVISION)

  ROOSEVELT TOURIN ROAD, MASSENA, NY, 13662

  Registry ID: 110008462519

• GENERAL MOTORS (CENTRAL FOUNDRY DIVISION)

  ROOSEVELT TOURIN ROAD, MASSENA, NY, 13662

  Registry ID: 110008462519

• GENERAL MOTORS (CENTRAL FOUNDRY DIVISION)

  ROOSEVELT TOURIN ROAD, MASSENA, NY, 13662

  Registry ID: 110008462519

• GENERAL MOTORS (CENTRAL FOUNDRY DIVISION)

  ROOSEVELT TOURIN ROAD, MASSENA, NY, 13662

  Registry ID: 110008462519

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GENERAL MOTORS CORPORATIONentered 2001-06-20

  Primary law: CERCLA

Timeline (6 milestones)

• 2001-03-01Enforcement Action Data Entered
• 2001-04-12Referred To Dept Of Justice
• 2001-04-23Final Order Lodged
• 2001-04-23Complaint Filed With Court
• 2001-06-20Final Order Entered
• 2001-06-20Concluded