EPA v. City of Newburgh et al.

Case summary

EPA is advising the Department of Justice of upcoming remedial design/remedial action negotiations for the Consolidated Iron and Metal Co., Inc. Superfund Site. EPA anticipates issuing special notice letters to 23 parties, and hopes to engage in negotiations in which some or all of the parties will undertake the selected remedy at the Site. EPA has incurred $7.8 million in past costs and will be seeking to recover those costs, exclusive of an orphan share. The proposed remedy at the Site involves excavation of Site soils exceeding the lead preliminary remediation goal of 400 ppm to a depth of 6 feet and off-Site disposal with clean fill backfilled, excavation to the water table and off-Site disposal of soils which exceed the State cleanup criteria for VOCs and PCBs (10 ppm for subsurface soils), institutional controls to prevent soil excavation and use of groundwater at the Site and a Site management plan which includes vapor intrusion monitoring and the proper handling of soils which will be triggered in the event that an owner wishes to excavate soils below 6 feet. Of the 23 PRPs, 21 are generator parties who sent whole cars and/or white goods and/or lead contaminated electronics parts to the Site. The twenty second party, Northrop Grumman Ships Systems, is the successor to a transporter who brought IBM materials to the Site. The last party, the City of Newburgh, sent cars and white goods and also has liability as an owner of the Site. This matter was settled in CERCLA Consent Decree Civil Action No. 08 Civ. 7378 (SDNY)(the Cashout Consent Decree) which was entered by the Court on February 2, 2009. Under the Cashout Consent Decree, 5 Settling Defendants and 13 Other Settling Defendants paid EPA to resolve their liability at the Site. On October 29, 2009, the Court entered Modification Number 1 to the Cashout Consent Decree. Under the terms of Modification Number 1, 58 Other Settling Parties were added to the Cashout Consent Decree, by paying monies to be placed in the Site Special Account used to help fund construction of the Site remedy. In exchange, the 58 Other Settling Parties receive contribution protection and a covenant not to sue for the Site. Modification Number 2, entered on August 11, 2010, changed the signatory for the Settling Defendants and Other Settling Parties. Modification Number 3 provides for an additional 27 Other Settling Parties to be added to the Cashout Consent Decree by their payment. These additional Other Setttling Parties will now receive contribution protection and a covenant not to sue for the Site. Modification Number 4 involves payment of money to cashout the liability of parties at the Consolidated Iron Site in Newburgh, NY. Under the terms of the modification, 32 Other Settling Parties are added to the Cashout Consent Decree, by paying monies, and in exchange, the parties will receive contribution protection and a covenant not to sue for the Site. Modification Number 5 involved adding additional Settling Parties as well as $437,078 in cost recovery.

Defendants (156)

• Poughkeepsie, City ofNamed in complaintNamed in settlement
• International Business Machines Corp.Named in complaintNamed in settlement
• Northrop Grumman Ship Systems, Inc.Named in complaintNamed in settlement
• Connell Limited PartnershipNamed in complaintNamed in settlement
• City of NewburghNamed in complaintNamed in settlement
• A. Bosch & Son, Inc.Named in settlement
• Active Auto Sales, Inc.Named in settlement
• American Felt & Filter Co., Inc.Named in settlement
• Beekman Road Hauling Corp.Named in settlement
• Colandrea Buick-Pontiac-GMC, Inc.Named in settlement
• Double Z Motors, Inc.Named in settlement
• Emil Panichi d/b/a Royal Carting ServicesNamed in settlement
• Quemetco Metals Limited Inc.Named in settlement
• Pittman & Brown, Inc.Named in settlement
• Panichi Holding Corp. d/b/a Royal Carting ServicesNamed in settlement
• Newburgh Winnelson Co.Named in settlement
• Nannini & Callahan Excavating Inc.Named in settlement
• Morehead Auto Sales, Inc.Named in settlement
• Momma's Towing Inc.Named in settlement
• Metzger Construction CorporationNamed in settlement
• Kevin Reggero Auto SalesNamed in settlement
• James A. Staley Company, Inc.Named in settlement
• Weinert Recycling Co., Inc.Named in settlement
• Town of Wappinger, New YorkNamed in settlement
• Talero Used Auto Parts Inc.Named in settlement
• …and 131 more

Facilities (1)

• CONSOLIDATED IRON AND METAL

  1 WASHINGTON ST, NEWBURGH, NY, 12550

  Registry ID: 110009260726

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery

Enforcement conclusions (5)

• City of Newburgh et al.entered 2016-09-23

  Primary law: CERCLA

• City of Newburgh et al.entered 2009-10-29

  Primary law: CERCLA

• City of Newburgh et al.entered 2009-01-29

  Primary law: CERCLA

• City of Newburgh et al.entered 2011-11-01

  Primary law: CERCLA

• City of Newburgh et al.entered 2011-02-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2006-09-29PRN Sent
• 2006-10-11Enforcement Action Data Entered
• 2008-07-17Referred To Dept Of Justice
• 2008-08-20Complaint Filed With Court
• 2016-06-30Final Order Lodged
• 2016-09-23Final Order Entered