EPA v. Amodeo Brothers Service Station

Case summary

This settlement is an administrative order on consent (AOC) under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. Section 9622(g)(4) for the Consolidated Iron and Metal Co. Superfund Site (the Site). EPA recovered records from the Site in late 1999 which indicated approximately 11,000 parties sent wastes to the Site. After doing an analysis of which parties qualified for an exemption under the Superfund Recycling Equity Act, EPA identified four categories of waste materials, called “tracked waste”, which were entered into the database and were used to determine the amount of waste attributable to each party. These categories were whole cars, white goods, transformers, and waste materials sent by International Business Machines Corporation (“IBM”). Thus, EPA decided to notice as PRPs only those parties who contributed the “tracked waste”, which numbered approximately 4,400. About 2,900 of the tracked waste parties sent 0.002% of the volume or less, and thus, consistent with the statutory “de micromis” cutoff, were removed from the waste-in list. EPA attempted to locate the remaining approximately 1,500 parties. By the spring of 2006, EPA was only able to locate 48 parties which sent tracked waste which were still viable. On October 16, 2006, EPA sent a letter to the 25 de minimis parties notifying them of their status as de minimis parties and offering them the opportunity to settle with EPA. Each of these parties individually sent less than 0.5% of the tracked waste to the Site. Collectively, these 25 parties sent 2.77% of the tracked waste to the Site. Of the 25 parties who were sent the de minimis settlement offers, 9 parties have signed the AOC, who collectively will pay into a Superfund Special Account which has been set up for this Site. The parties are required to make payment of their amount within 30 days of the effective date (November 1, 2007) unless a separate payment schedule has been established.

Defendants (9)

• Amodeo Brothers Service Station (SB)Named in settlement
• Department of the ArmyNamed in settlement
• Hudson, City ofNamed in settlement
• Beacon, City ofNamed in settlement
• Chets auto Parts (SB)Named in settlement
• Cornwall-on-Hudson, Village ofNamed in settlement
• Vails Gate Body Shop Inc (SB)Named in settlement
• Ulster, Town ofNamed in settlement
• New York Military AcademyNamed in settlement

Facilities (1)

• CONSOLIDATED IRON AND METAL

  1 WASHINGTON ST, NEWBURGH, NY, 12550

  Registry ID: 110009260726

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• Amodeo Brothers Service Stationentered 2007-11-01

  Primary law: CERCLA

Timeline (3 milestones)

• 2007-11-01Enforcement Action Closed
• 2007-11-01Final Order Issued
• 2007-11-29Enforcement Action Data Entered