EPA v. Water Commissioners of the Town of Waterford

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 Water Commissioners of the Town of Waterford, New York ( Resopndents ) own and/or operate the municipal water supply system for the Town of Waterford, New York. Based on information available to EPA, including tax maps and/or other indicia of Respondents’ ownership, Respondents own or control several properties on which the water line will be built. These properties (collectively, the “Properties”) are as follows: a. Real property located at and/or adjacent to 127 Second Street in Waterford, New York; b. 127 Second Street, Waterford, New York; and c. The pressure-reducing valve vault on Bells Lane, the portions of the existing water line located within that vault, and the easement on Bells Lane that is owned by Respondents. By letter dated July 25, 2008, EPA asked Respondents to provide EPA with access to the two properties identified in items a and b, above, for purposes of constructing the water line and connecting it to the Town of Waterford’s water supply system. On August 18, 2008, EPA asked Respondents to provide EPA with access to the property identified in item c., above. It because nessary for EPA to issue to Respondents and Administrative Order Directing Complaince with Request for Access ( Order ) after Respondents failed to provide EPA with access to the Properties in a timely manner. 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 in order that such a delay can be avoided.

Defendants (1)

• Water Commissioners of the Town of WaterfordNamed 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)

• Water Commissioners of the Town of Waterfordentered 2008-09-05

  Primary law: CERCLA

Timeline (3 milestones)

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