EPA v. Hugo Neu Schnitzer East (Butternuts)

Case summary

The Butternuts Site is located in a rural residential area on New South Berlin Road in the Town of Butternuts, Otsego County, New York. The nearest residences are located approximately 250 feet to the east. Some time in 1987, construction and demolition waste, automobile parts and approximately 1,000 cubic yards of automobile shredder residue (ASR) were deposited at the Site. ASR consists of unreclaimed metal and non-metal elements that is generated by the processing of automobiles, appliances and other metal bearing materials in the ordinary course of business by scrap processing facilities commonly know as auto shredders, one of which is operated by the Respondent. In 1997, analyses of the ASR showed that it contained elevated concentrations of PCBs. Soil analyses showed lead contamination in soils along the shoulder of New South Berlin Road at concentrations up to 4310 mg/kg. Under the Order, the Respondent will conduct a non-time-critical removal to address the removal of the ASR and the lead-contaminated soils from the Site as well as conduct additional soil sampling. The Order also has a cost recovery component under which the Respondent will reimburse EPA for past costs.

Defendants (1)

• Hugo Neu Schnitzer EastNamed in complaintNamed in settlement

Facilities (1)

• BUTTERNUTS LANDFILL SITE

  NEW SOUTH BERLIN ROAD, BUTTERNUTS, NY, 13843

  Registry ID: 110013694350

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Hugo Neu Schnitzer Eastentered 2002-09-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2002-09-30Final Order Issued
• 2002-09-30Enforcement Action Closed
• 2002-10-17Enforcement Action Data Entered