EPA v. County of Yates, New York State et al.

Case summary

On September 29, 2008, the United States District Court for the Western District of New York entered a partial Consent Decrees relating to Penn Yan Boat Superfund Site (“Site”), Village of Penn Yan, Yates County, New York. The Consent Decree was entered into pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9607, and resolves the CERCLA liability of Thomas and Camille Amato individually and on behalf Penn Yan Boat Company LLC, Penn Yan Marine Manufacturing Corp., and Camille Properties, Inc. (collectively referred to as “Settling Defendants”). Under the Consent Decree, the Settling Defendants agree to pay EPA the principal sum of $140,000, plus interest, in three installments. The first payment of $50,000 is due within 30 days of entry of this Consent Decree. Two subsequent payments of $45,000 plus interest will be due on the first and second anniversary of the date of entry of this Consent Decree. The Settling Defendants to this Consent Decree may accelerate these payments, and interest due on the accelerated payments would be reduced accordingly. Under the Consent Decree, Yates County is required to pay to EPA the principal sum of $275,000, plus interest, in two installments. The first payment of $137,500 would be due within 60 days of entry of the Consent Decree. One subsequent payment of $137,500, plus interest, is due on the first anniversary of the date of entry of its Consent Decree. Yates County may accelerate the second payment, and interest due would be reduced accordingly. Under the Consent Decree, the United States covenants not to sue or to take administrative action against Yates County pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), to recover past response costs. Past response costs under the Consent Decree is defined as all costs that EPA or DOJ has incurred at or in connection with the Site through the effective date of the Consent Decree. Thomas and Camille Amato owned and operated Penn Yan Marine Manufacturing Corp., a boat manufacturing facility at the Site, and owned the Site Property through their realty corporation, Camille Properties, Inc. EPA had reason to believe that the Settling Defendants were responsible parties as past owners and operators at Site. Because the Amatos are retired and the former companies they owned and operated at the Site are dissolved, EPA determined that Thomas and Camilee have a limited ability to pay. Therefore, under the Conssent Decree, the United States covenants not to sue or to take administrative action against the Settling Defendants pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), with regard to the Site. EPA conducted a removal action in 2003 at the Site which included the disposal of the contaminated drums and containers and the removal of asbestos-containing material. The total Site costs through December 31, 2007 were documented as $814,980 which includes applicable interest through January 31, 2008. All anticipated response actions have been completed, and EPA does not anticipate incurring additional response costs at the Site. The settlement with the Amatos was reduced because of significant litigation risks in establishing that the Amatos were individually liable as Site operators since they are retired and the companies that operated at the Site no longer exists. However, when combined with a second separate, settlement with Yates County, EPA will recover over 50% of it’s incurred costs.

Defendants (6)

• Camille Properties, Inc.Named in complaintNamed in settlement
• Penn Yan Marine Manufacturing CorporationNamed in complaintNamed in settlement
• Penn Yan Boat Company, LLCNamed in complaintNamed in settlement
• Yates County, of New York StateNamed in complaintNamed in settlement
• Amato, ThomasNamed in complaintNamed in settlement
• Amato, CamileNamed in complaintNamed in settlement

Facilities (1)

• PENN YAN BOATS (AMERICAN MARINE CORP.)

  WADDELL AVENUE, PENN YAN, NY, 14527

  Registry ID: 110008009109

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• County of Yates, New York State et al.entered 2008-09-29

  Primary law: CERCLA

• County of Yates, New York Stateentered 2008-09-29

  Primary law: CERCLA

Timeline (6 milestones)

• 2007-09-28Referred To Dept Of Justice
• 2007-10-09Enforcement Action Data Entered
• 2008-08-15Complaint Filed With Court
• 2008-08-20Final Order Lodged
• 2008-09-29Concluded
• 2008-09-29Final Order Entered