EPA v. Town of Amenia, New York

Case summary

The New York State Department of Environmental Conservation (DEC), in the course of a remedial investigation, discovered approximately 200 drums buried at the southwest corner of the Site. DEC requested that EPA perform a time-critical removal. EPA excavated the drums and contaminated soil and staged these materials for off-site disposal/treatment. EPA identified Ashland and Unisys to drums disposed of at the Site. These two Respondents entered into an Administrative Order on Consent (AOC) in May 2000 pursuant to which they completed the removal action. The settlement was entered with Ashland and Unisys and eleven other PRPs who were identified and sent notice letters after the issuance of the May 2000 AOC . The settlement was amended on January 14, 2004 to add two additional PRPS. The two new PRPs will pay a total of an additional $22,000 as a result of their late entry into the settlement. The new PPRs will have the same obligations as the other PRPs in the original settlement.

Defendants (15)

• Amenia, New York Town ofNamed in complaintNamed in settlement
• Ashland Inc.Named in complaintNamed in settlement
• BP America Inc.Named in complaintNamed in settlement
• Curtiss-Wright CorporationNamed in complaintNamed in settlement
• IBM CorporationNamed in complaintNamed in settlement
• Martin, B. AlastairNamed in complaintNamed in settlement
• Martin, Edith Estate ofNamed in complaintNamed in settlement
• Metal Improvement CompanyNamed in complaintNamed in settlement
• Sharon, Connecticut Town ofNamed in complaintNamed in settlement
• Syngenta Crop Protection Inc.Named in complaintNamed in settlement
• TBG Services Inc.Named in complaintNamed in settlement
• Unisys CorporationNamed in complaintNamed in settlement
• Weyerhaeuser CompanyNamed in complaintNamed in settlement
• Great Eastern Color Lithographic CorporationNamed in settlement
• H.O. Penn Machinery CompanyNamed in settlement

Facilities (1)

• AMENIA TOWN LANDFILL

  4541 RTE 22, AMENIA, NY, 12501

  Registry ID: 110071100511

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (2)

• Town of Amenia, New Yorkentered 2003-09-18

  Primary law: CERCLA

• Town of Amenia, New Yorkentered 2004-03-11

  Primary law: CERCLA

Timeline (5 milestones)

• 2003-07-31Complaint Filed/Proposed Order
• 2003-08-01Enforcement Action Data Entered
• 2004-01-14Amended Administrative Order
• 2004-03-11Enforcement Action Closed
• 2004-03-11Final Order Issued