EPA v. Village of Stillwater, New York

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. 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 Respondent to provide EPA with access to a parcel of property used by Respondent for its water treatment facility. Sampling performed in mid-2008 identified the presence of polychlorinated biphenyls (PCBs) in Respondent’s raw and finished water at up to 187 parts per trillion (“ppt”), above the 90 ppt New York State groundwater quality standard but below the state and federal Safe Drinking Water Act Maximum Contaminant Level (MCL) of 500 ppt. Preliminary studies indicate Respondent’s aquifer is under the influence of the Hudson River. Because the water system lacks a PCB treatment method, EPA has determined that a contingency measure is needed to protect from possible dredging-related PCB increases. EPA intends to install a temporary Granular Activated Carbon (GAC) system by May 2009 when General Electric Co. will begin Phase 1 dredging. Respondent granted EPA access to design the GAC system. However, Respondent has refused to consent to its installation unless EPA commits to the provision of a permanent water supply for Phase 2 dredging. As of the date of the Order, EPA has been unwilling to provide such a guarantee until further planning and funding determinations are made. The Order was issued to ensure that the GAC system will be completed prior to the start of Phase 1 dredging.

Defendants (1)

• Village of Stillwater, New YorkNamed 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)

• Village of Stillwater, New Yorkentered 2009-02-03

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-02-03Enforcement Action Closed
• 2009-02-03Final Order Issued
• 2009-02-04Enforcement Action Data Entered