EPA v. Stop & Shop Supermarket Company LLC

Case summary

On August 24, 2009, a Prospective Lessee Agreement (PLA) between EPA and the Stop & Shop Supermarket Company, LLC became effective in connection with Respondent’s long- term ground-lease and redevelopment of an approximately 9-acre portion of the Liberty Industrial Finishing Superfund Site, Nassau County, New York. Upon the effectiveness of the PLA, Respondent commenced construction of an 81,000 square-foot supermarket at the Site. Under the PLA, the United States has covenanted not to sue or take administrative action against the Respondent under Section 106 or 107(a) of CERCLA. The PLA had been signed in 2005 but the effective date was deferred until cleanup activities were completed at this portion of the Site. The Site is listed on the National Priorities List and includes a 30-acre facility surrounded by suburban areas that are primarily residential. During the second World War and, to a lesser extent during the Korean War, industrial operations at the Site included aircraft parts manufacturing and associated metal finishing processes largely in support of military efforts. After the wars, the Site was used for other industrial and warehousing operations. Throughout most of the period of industrial operation, wastes were discharged at the Site. The Site is located above a sole source drinking water aquifer. In 2002, EPA issued a Record of Decision selecting a comprehensive cleanup of the Site addressing soils and groundwater as well as contaminated sediments at a down-gradient nature preserve. In August 2004, the United States entered into a consent judgment with the all of the financially viable responsible parties obligating them to implement a remedial action at the Site. In addition to the 9-acre shopping center redevelopment to be undertaken by Respondent, the Town of Oyster Bay, in 2003, acquired a 15-acre portion of the Site and will redevelop that portion of the site into a municipal park.

Defendants (1)

• Stop & Shop Supermarket Company LLCNamed in complaintNamed in settlement

Facilities (1)

• LIBERTY INDUSTRIAL FINISHING

  55 MOTOR AVENUE, FARMINGDALE, NY, 11735

  Registry ID: 110022860983

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Stop & Shop Supermarket Company LLCentered 2009-08-24

  Primary law: CERCLA

Timeline (4 milestones)

• 2005-09-12Complaint Filed/Proposed Order
• 2005-09-27Enforcement Action Data Entered
• 2009-08-24Enforcement Action Closed
• 2009-08-24Final Order Issued