EPA v. Peter Cooper Corporations (Gowanda)

Case summary

On February 12, 2009, a consent decree settlement with nineteen settling defendants was entered in United States District Court for the Western district of New York to resolve claims by the United States under Sections 106 and 107 of CERCLA relating to the Peter Cooper Landfill Superfund Site. The Site had been used for production of animal-based glues and synthetic adhesives between 1904 and 1985. Following a sale of the property in 1988, salvage operations were conducted at the Site, including dismantling buildings and equipment for resale. The Site includes a five-acre landfill containing hazardous substances and several waste piles containing demolition debris and other solid waste. The Site was added to the National Priorities List in March 1998 and, in September 2005, EPA issued a Record of Decision selecting a remedial action for the Site. The settlement requires the settling defendants to implement the CERCLA remedial action selected in the ROD, pay past costs and interest, and to reimburse 100% of EPA’s future costs in connection with the Site. Thereafter, on February 19, 2009, EPA issued a related administrative order on consent (AOC) to two bona fide prospective purchasers, the Village of Gowanda and the Gowanda Area Redevelopment Corporation (GARC), who, pursuant to the AOC, will be obligated, jointly and severally with the settling defendants, to implement a portion of the remedy, including certain operation, maintenance and monitoring activities. The AOC also includes subsidiary agreements requiring transfer of Site ownership to GARC, recording of a conservation easement, and creation of a public park at the Site.

Defendants (22)

• Prime Tanning Company Inc.Named in complaintNamed in settlement
• Seton CompanyNamed in complaintNamed in settlement
• Viad CorporationNamed in complaintNamed in settlement
• S.B. Foot Tanning CompanyNamed in complaintNamed in settlement
• Wihelm Enterprises CorporationNamed in complaintNamed in settlement
• New York State Electric & Gas CorporationNamed in complaintNamed in settlement
• Brown Group, Inc.
• Peter Cooper Corporations
• Garden State Tanning, Inc
• Albert Trostel & Sons Co.Named in complaintNamed in settlement
• Genesco Inc.Named in complaintNamed in settlement
• Wolverine Worldwide Inc.Named in complaintNamed in settlement
• Beggs & Cobb CorporationNamed in complaintNamed in settlement
• Leucadia National CorporationNamed in complaintNamed in settlement
• ConAgra Grocery Products Company, Inc.Named in complaintNamed in settlement
• Jimcar Development Inc.Named in complaintNamed in settlement
• James DillNamed in complaintNamed in settlement
• Brown Shoe Company Inc.Named in complaintNamed in settlement
• GST AutoLeatherNamed in complaintNamed in settlement
• Horween Leather CompanyNamed in complaintNamed in settlement
• Eagle Ottawa, LLCNamed in complaintNamed in settlement
• Blackhawk Leather Ltd.Named in complaintNamed in settlement

Facilities (1)

• PETER COOPER

  PALMER STREET, GOWANDA, NY, 140700000

  Registry ID: 110007146356

Statutes cited

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

Enforcement conclusions (1)

• Peter Cooper Corporationsentered 2009-02-12

  Primary law: CERCLA

Timeline (7 milestones)

• 2005-09-30PRN Sent
• 2005-10-06Enforcement Action Data Entered
• 2008-09-11Referred To Dept Of Justice
• 2008-11-18Complaint Filed With Court
• 2008-11-24Final Order Lodged
• 2009-02-12Concluded
• 2009-02-12Final Order Entered