EPA v. Golub Properties of Watervliet, Inc.

Case summary

Access to Parcel needed for construction of a water line. On September 11, 2008, Region 2 issued a third Administrative Order Directing Compliance with Access relating to the Hudson River PCBs Superfund Site, which is located in the State of New York. The Order, issued pursuant to Section 104(e)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9604(e)(5), directs the Respondnet to provide EPA with access to a parcel of property located on Second Avenue (River Road) in Troy, New York. EPA intends to construct a water supply line connecting the Town of Halfmoon and the Town of Waterford with the City of Troy to provide an alternate source of potable water if dredging-related PCBs in the Upper Hudson River threaten to adversely affect the Towns water supplies. Construction of the four and one-half mile long water line is expected to take approximately six months. Respondent has denied EPA’s numerous EPA requests for access. EPA needs to begin construction by mid-September 2008, in order to help ensure that the water line will be completed prior to the start of Phase 1 dredging by General Electric Co. in the late spring of 2009. Note: 2 Access Orders were previously issued to the Towns of Waterford and Halfmoon on September 5, 2008 in connection with the water line.

Defendants (1)

• Golub Properties of Watervliet, Inc.Named 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)

• Golub Properties of Watervliet, Inc.entered 2008-09-11

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-09-11Final Order Issued
• 2008-09-11Enforcement Action Closed
• 2008-09-22Enforcement Action Data Entered