EPA v. Ashland, Inc. et al.

Case summary

The Respondents to this order arranged for the treatment and/or disposal of drums of waste materials containing hazardous substances at the nearby Pollution Abatement Services, Inc. Site (“PAS Site”), which was operated by Pollution Abatement Services, Inc. (“PAS, Inc.”), a chemical waste incineration company that operated between 1970 and 1976 and accepted liquid and drummed waste for incineration at its facility. Due to operational problems at PAS, Inc., drums became stockpiled at the PAS Site instead of being incinerated. EPA and the New York State Department of Environmental Conservation (“NYSDEC”) investigated the Site at different periods from the mid 1980s through 1999 but either did not locate or did not remove the drums from the Site. In December of 2007, after a request from NYSDEC, an EPA On Scene Coordinator went to the Site, located, excavated and staged approximately 150 of the former PAS drums at the Site. The Site is currently temporarily fenced until the excavation and disposal work can begin. On April 2, 2008, EPA notified ten parties, including the Respondents, that they were considered to be a potentially responsible parties at the Site and invited them to undertake the removal work at the Site. Of these parties, only two did not enter into negotiations with EPA. The other eight parties are Respondents to this Agreement. Under the terms of the Agreement, the Respondents will remove and dispose off-Site existing excavated drums and soil, excavate and dispose off-Site all remaining buried drums and contaminated soil, and conduct groundwater sampling in the vicinity of the drum burial area to determine if there is any groundwater contamination. Respondents will also reimburse EPA in past response costs, including costs of investigating the Site in 1998 for the buried drums and the costs of temporary fencing, as well as future response costs incurred in overseeing the work under the Agreement.

Defendants (8)

• SI Group, Inc.Named in settlement
• Pharmacia CorporationNamed in settlement
• Niagara Mohawk Power CorporationNamed in settlement
• International Paper CompanyNamed in settlement
• Honeywell International Inc.Named in settlement
• GE CompanyNamed in settlement
• Bristol Myers Squibb CompanyNamed in settlement
• Ashland Inc.Named in settlement

Facilities (1)

• PAS IRWIN DUMP

  BYER RD, OSWEGO, NY, 13126

  Registry ID: 110009324203

Statutes cited

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

Enforcement conclusions (1)

• Ashland, Inc. et al.entered 2008-06-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-06-30Final Order Issued
• 2008-06-30Enforcement Action Closed
• 2008-07-01Enforcement Action Data Entered