EPA v. G. Kevin Ludlow

Case summary

Filing of complaint/settlement negotiations re Ludlow Sand and Gravel Company Superfund Site. Settlement discussions are focused on ability to pay settlement with elements of mixed work. Settlement discussions resulted in an ability to pay settlement with elements of mixed work. Consent Decree entered by the U.S. District Court for the Northern District of New York on October 1, 2007. The Consent Decree requires Settling Defendants to provide materials worth a market value of $315,000 to be utilized by EPA contractors in closure of the North Gravel Pit Operable Unit at the Site. In addition, the Consent Decree requires that Settling Defendants perform additional work at the Site at below market rates through a subcontract with EPA contractors, with a savings to the government of approximately $37,000. Consent Decree further provides for continuous access by EPA to the Site and for Institutional Controls in the form of restrictive covenants/environmental easement which will prohibit activities such as excavation which will interfere with engineering controls and also prohibit extraction of groundwater.

Defendants (2)

• Ludlow Sand and Gravel Co. Inc (SB)Named in complaintNamed in settlement
• Ludlow, G. KevinNamed in complaintNamed in settlement

Facilities (1)

• LUDLOW SAND & GRAVEL

  HOLMANN CITY RD, PARIS, NY, 13456

  Registry ID: 110013977713

Statutes cited

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

Enforcement conclusions (1)

• G. Kevin Ludlowentered 2007-10-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2006-09-29Referred To Dept Of Justice
• 2006-10-06Enforcement Action Data Entered
• 2007-08-02Final Order Lodged
• 2007-08-02Complaint Filed With Court
• 2007-10-01Final Order Entered
• 2007-10-01Concluded