EPA v. Village of Gowanda, Erie and Cattaraugus Counties, et al.

Case summary

Between 1904 and 1985, the Site had been used for production of animal-based glues and synthetic adhesives. Following a sale of the property in 1988, salvage operations were conducted at the Site, including dismantling buildings and equipment for resale. The Site includes a five-acre landfill containing hazardous substances and several waste piles containing demolition debris and other solid waste. The Site was added to the National Priorities List in March 1998 and, in September 2005, EPA issued a Record of Decision selecting a remedial action for the Site. EPA issued an administrative order on consent to two bona fide prospective purchasers, the Respondents. The AOC obligates the Respondents to implement a portion of the CERCLA remedial action at the Peter Cooper Landfill Superfund site, including certain operation, maintenance and monitoring activities. Respondents are jointly and severally obligated to perform those activities in conjunction with a number of settling defendants who are parties to a consent decree with the United States which requires the settling defendants to implement the remedial design and remedial action selected by EPA for the Site. The complying action and associated cost is captured under judicial enforcement action #02-2005-0025. The AOC also includes subsidiary agreements requiring transfer of Site ownership to one of the Respondents, recording of a conservation easement, and creation of a public park at the Site.

Defendants (2)

• Village of GowandaNamed in settlement
• Gowanda Area Redevelopment CorporationNamed in settlement

Facilities (1)

• PETER COOPER

  PALMER STREET, GOWANDA, NY, 140700000

  Registry ID: 110007146356

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Village of Gowanda, Erie and Cattaraugus Counties, et al.entered 2009-02-19

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-02-19Final Order Issued
• 2009-02-19Enforcement Action Closed
• 2009-03-25Enforcement Action Data Entered