EPA v. Genesco Inc.

Case summary

On September 10, 2009, the United States lodged in district court a proposed consent judgment in United States v. Genesco Inc., No. CV-09-39 17 (E.D.N.Y.), in which Genesco agreed to implement the interim OUI remedy for the Site that EPA had selected in a September 28, 2007, ROD. The lodged consent judgment was released for public comment, and Genesco began designing the remedy at that time. The Village of Garden City (Village) raised concerns about the settlement in comments filed with the court during the public comment period. The United States, the Village and Genesco subsequently began discussions regarding the Village's concerns, and the consent judgment remained filed with the court but was not entered. During this time the Village and Genesco also engaged in settlement discussions regarding the Village's 2007 lawsuit against Genesco and Gordon Atlantic Corporation (Gordon Atlantic), which owns the Fulton Property, over the contamination of wells 13 and 14. In March of 2012, the Village and Genesco jointly proposed modifications to the 2007 ROD that would, among other things, eliminate the groundwater pumping and treatment system and the application of in-situ chemical oxidation that were part of the 2007 ROD. After evaluating the Village's and Genesco's March 2012 proposal, EPA determined that the proposed modifications were appropriate. On September 30, 2015, EPA issued the Amended OUI ROD, the major components of which are the continued treatment of Village supply wells 13 and 14 until protective levels are met, groundwater monitoring, vapor intrusion investigations/mitigation, and institutional controls. The Village and Genesco have separately reached a settlement to resolve their lawsuit whereby, in exchange for a lump sum payment, the Village will operate and treat wells 13 and 14 for 30 years, regardless of whether those wells are needed for a potable water supply. That agreement was filed with the Court at the same time the CJ was lodged. This CJ effectively supersedes the original 2009 consent judgment and requires Genesco to implement the Amended OUI ROD regardless of whether the Village fulfills its obligations to Genesco under their settlement agreement. The CJ imposes on Genesco a separate, federally enforceable obligation to implement the Amended OUI ROD and operate the treatment systems on the wells until applicable standards are met. The CJ also requires Genesco to perform groundwater monitoring that is not covered by the Village/Genesco settlement agreement, including monitoring to determine whether the pumping of wells 13 and 14 continues to help prevent the migration of contaminated groundwater toward the Franklin Square Water District, located downgradient of Village of Garden City Wells 13 and 14. Genesco will also pay the United States' Future Response Costs, which include, among other things, costs to be incurred by EPA in overseeing Genesco's performance of the work required under the CJ, as well as the costs to be incurred by EPA in performing an investigation of vapor intrusion into buildings within a defined vicinity of the Fulton Property. Future Response Costs also include Interim Response Costs, which are defined as all costs paid by the United States with respect to the Site from March 1, 2008, through the Effective Date (i. e., the date of entry of the CJ). As of July 31, 2016, EPA's Interim Response Costs were approximately $1,469,714.55. All of the monies paid by Genesco under the CJ will be deposited in EPA's Special Account for the Site, where such funds will be available to pay future EPA response costs with respect to the Site, including costs that will be incurred by EPA in overseeing Genesco's performance of the remedy.

Defendants (5)

• Genesco IncNamed in complaintNamed in settlement
• Banks, John E.
• Conair Inc
• Jack goodman Corp (SB)
• Gordon Inc

Facilities (1)

• FULTON AVENUE

  150 FULTON AVENUE, NEW HYDE PARK, NY, 11040-5324

  Registry ID: 110009302012

Statutes cited

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

Enforcement conclusions (1)

• Genesco Incentered 2016-08-15

  Primary law: CERCLA

Timeline (7 milestones)

• 2007-09-28PRN Sent
• 2007-10-09Enforcement Action Data Entered
• 2009-07-28Referred To Dept Of Justice
• 2009-09-10Complaint Filed With Court
• 2016-06-22Final Order Lodged
• 2016-08-15Final Order Entered
• 2016-08-15Concluded