EPA v. Town of Halfmoon

Case summary

EPA intends to construct a water supply line to supply the Town of Waterford and the Town of Halfmoon (collectively, the “Towns”) with drinking water from the City of Troy, New York, in order to provide the Towns with an alternate source of potable water that will be available if dredging-related PCBs in the Upper Hudson River threaten to adversely affect the Waterford and Halfmoon water supplies. Construction of the water line, which will be approximately four and one-half miles long, is expected to take approximately six months, although unforeseen events and unfavorable weather conditions may result in the construction taking more than six months. Construction of the water line will include, among other activities, excavation, directional drilling, installation of the new water line pipe below the ground, connection of the new water line to the existing Waterford water supply system, restoration of property after the new water line is installed, and any activities needed to maintain and/or repair the water line after it is constructed. The Respondent owns or controls several properties on which the water line will be built. These properties (collectively, the “Properties”) are as follows: 1. Halfmoon Water Treatment Plant, as depicted in Exhibit 1 of the Order; 2. Halfmoon water line utility easement located on lands of CJ & JJ Realty Co., as depicted in Exhibit 2 of the Order; and 3. Halfmoon water line utility easement located on lands of Arthur Boyajian, et al., as depicted in Exhibit 3 of the Order. Respondent has repeatedly declined to grant EPA unconditional access. In particular, Respondent has stated to EPA that it would not provide EPA with the requested access without a guarantee that the water line would be completed prior to the start of the dredging. Respondents’ failure to timely provide EPA with the requested access to the Properties threatens to delay the start of construction of the water line, and such a delay is increasing the risk that the water line will not be completed before Phase 1 dredging begins in the late spring of 2009. The Order was issued such that a delay can be avoided.

Defendants (1)

• Town of HalfmoonNamed in settlement

Facilities (1)

• HUDSON RIVER PCBS

  NO STREET APPLICABLE, GLENS FALLS, NY, 12801

  Registry ID: 110071100516

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• Town of Halfmoonentered 2008-09-05

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-09-05Enforcement Action Closed
• 2008-09-05Final Order Issued
• 2008-09-09Enforcement Action Data Entered