EPA v. Delaware and Hudson Railway Co., Inc., dba Canadian Pacific Railway Co.

Case summary

In November 2005, the U.S. District Court for the Northern District of New York approved a Consent Decree between EPA and General Electric Company ( GE ) under which GE will, inter alia, perform the first phase ( Phase 1 ) of remedial dredging and construct the sediment processing facility needed for the remedial action selected in EPA's February 1, 2002 Record of Decision ( ROD ) for the Hudson River PCBs Site. The Consent Decree requires GE to perform Phase 1 according to an EPA-approved design, and in accordance with work plans and other documents to be submitted by GE, and approved by EPA, under the Consent Decree. Following GE’s completion of the Phase 1 dredging, the dredging-to-date will be evaluated by an independent peer review panel, which will consider possible changes to the engineering performance standards that were established by EPA. EPA will consider the conclusions of the peer review panel and determine whether changes to the performance standards should be made and will inform GE of any modifications that would be required during Phase 2 of the dredging program. GE is then to notify EPA as to whether it will implement Phase 2 of the dredging pursuant to the Consent Decree. If the company agrees to perform Phase 2, the work will be carried out under the terms of the Consent Decree. EPA has reserved all of its enforcement authorities to compel GE to perform Phase 2 if the company does not agree to do Phase 2 under the Consent Decree. The Phase 2 dredging is expected to take five years. 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 a property on which the water line will be built, namely a railway right of way located in the Town of Waterford and depicted in Exhibit 1 of the Order. EPA’s repeated requests for access from June 2008 through October 2008 were made via meetings, correspondence, emails and phone calls with Respondent. Although Respondent indicated a willingness to provide access, Respondent failed to in fact do so, threatening to delay construction of the water line. Such a delay would increase 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)

• Delaware and Hudson Railway Co., 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)

• Delaware and Hudson Railway Co., Inc., dba Canadian Pacific Railway Co.entered 2008-10-14

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-10-14Enforcement Action Closed
• 2008-10-14Final Order Issued
• 2008-10-16Enforcement Action Data Entered