EPA v. General Electric Company

Case summary

On November 2, 2006, the United States District Court for the Northern District of New York issued an order approving the consent decree with General Electric (GE) concerning the Hudson River PCBs Superfund Site. The consent decree requires GE to construct a sediment processing/transfer facility in Fort Edward, New York, and to implement Phase 1 of the dredging remedy selected in EPA’s February 1, 2002 Record of Decision (ROD) for the Site. GE constructed the sediment processing/transfer facility, and in 2009 the company performed the Phase 1 dredging. Phase 1 removed approximately 10 percent of the total volume of PCB-contaminated sediment targeted for dredging during the full cleanup project. The consent decree provides that following Phase 1, GE will have a fixed period of time in which to notify EPA as to whether the company will conduct Phase 2 - the remainder of the remedy - under the consent decree. On March 23, 2009, the U.S. Department of Justice filed a Consent Decree Modification. The CD Modification adds provisions to the original Consent Decree which (i) require GE to pay the United States all costs incurred or to be incurred by EPA relating to the design and construction of a water supply line from Troy, New York, to provide the Towns of Waterford and Halfmoon with an alternate water supply during the Hudson River dredging project, and relating to EPA’s design, construction and maintenance of a temporary granulated activated carbon system that will protect the Village of Stillwater’s water supply wells during Phase 1 of the Hudson River dredging project; (ii) require GE to reimburse certain costs that might be incurred by EPA for the provision of water to Waterford and Halfmoon during Phase 2 of the Hudson River project. Specifically, if GE agrees to perform Phase 2 as provided in the Consent Decree, GE will reimburse EPA for 50% of any costs paid by EPA during dredging for water usage fees assessed upon the Towns,; (iii) modify certain of the water column monitoring requirements set forth in the Consent Decrees Statement of Work; and (iv) make certain minor administrative changes to the Consent Decree. Under the CD Modification, EPA will bill GE for the costs in items (i) and (ii), above, pursuant the Consent Decree. In exchange, GE will receive a covenant not to sue for: (1) work/costs related to the provision of alternative water supplies or additional water treatment, for the Towns of Waterford and Halfmoon during Phase 1 (and if it performs Phase 2 pursuant to the Consent Decree, GE will receive a similar covenant with respect to Phase 2); and (2) work/costs related to alternative water supplies during Phase 1 for any other public water suppliers in the Upper Hudson River area that may be impacted by the Phase 1 dredging. On December 31, 2010, GE formally notified EPA that it would conduct Phase 2 under the Consent Decree. Phase 2 dredging is scheduled to begin in the spring of 2011. Note regarding EPA's estimated $2.1 billion cost of Direct Action to Reduce, Eliminate or Treat Pollutants: GE has not provided EPA with its anticipated costs of performing Phase 2, therefore, EPA derived an estimated value for the Phase 2 work using Phase 1 cost information provided by GE, and an EPA estimate of the sediment volume to be dredged in Phase 2.

Defendants (1)

• General Electric CompanyNamed in complaintNamed in settlement

Facilities (1)

• HUDSON RIVER PCBS

  NO STREET APPLICABLE, GLENS FALLS, NY, 12801

  Registry ID: 110071100516

Statutes cited

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

Enforcement conclusions (3)

• General Electric Companyentered 2010-12-31

  Primary law: CERCLA

• General Electric Companyentered 2009-03-23

  Primary law: CERCLA

• General Electric Companyentered 2006-11-02

  Primary law: CERCLA

Timeline (6 milestones)

• 2005-09-06Referred To Dept Of Justice
• 2005-09-08Enforcement Action Data Entered
• 2005-10-06Complaint Filed With Court
• 2009-03-23Consent Decree Amendment
• 2010-12-31Final Order Entered
• 2010-12-31Final Order Lodged