EPA v. Genesco Inc.

Case summary

The Site is located in central Nassau County, New York. It includes the property located at 150 Fulton Avenue (Fulton Property) in Garden City Park and surrounding areas that have been impacted by groundwater contamination. This facility was operated as a fabric-cutting mill from January 1965 through December 1974 by, among others, Flagg-Utica Corporation (Flagg), a predecessor in interest to Respondent, and also by Knitfabs, an unincorporated division of Genesco Inc. (Respondent). During the time Knitfabs operated at the Fulton Property, Respondent owned and operated a dry cleaning machine, which used tetrachloroethene (PCE) as a cleaner. Subsequent investigations by government agencies and Respondent have identified the Fulton Property as a source of PCE contamination that is currently affecting public supply wells at the Site. Under an administrative consent order with the New York State Department of Environmental Conservation (NYSDEC), Respondent conducted a Remedial Investigation/Feasibility Study (RI/FS). The RI/FS and results of an Interim Remedial Action undertaken by Respondent documented the existence of a large contaminant plume at the Site that includes not only PCE but also other contaminants such as trichloroethene (TCE). These contaminants have comingled to form a large plume, but the RI/FS concentrated on an area that has predominantly been contaminated with PCE. EPA replaced NYSDEC as the lead agency for the Site at the conclusion of the RI/FS process in February 2007. EPA is addressing groundwater contamination at the Site in two operable units. The first operable unit (OU1) addresses groundwater at the Site that is primarily contaminated with PCE. The nature, origin and extent of the TCE contamination will be investigated as part of the second operable unit (OU2). On September 28, 2007, EPA issued an OU1 Record of Decision (ROD) which includes, among other things, pumping and treating of the PCE-dominant portion of the groundwater plume at the Site. The OU1 remedy is an interim remedy because a final groundwater remedy for the Site is expected to be selected as part of OU2. EPA is in the process of finalizing a consent judgment under which Respondent would implement the OU1 remedy. Continuous, regular monitoring of MW 21A-C, 25A-H and 26A-H is needed in order to ensure that GCWD wells 13 and 14 and the Franklin Square supply wells are not at risk from groundwater contamination at the Site. In June of 2009, EPA asked Respondent if the company would voluntarily collect another round of samples from MW 21A-C, 25A-H and 26A-H. Respondent declined EPAs request to conduct such sampling voluntarily, although Respondent did not object when the Region suggested that it would recommend issuance of an administrative order compelling Respondent to perform the sampling if Respondent did not voluntarily agree. EPA issued the administrative order on August 13, 2009.

Defendants (1)

• Genesco Inc.Named in settlement

Facilities (1)

• FULTON AVENUE

  150 FULTON AVENUE, NEW HYDE PARK, NY, 11040-5324

  Registry ID: 110009302012

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Genesco Inc.entered 2009-08-13

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-08-13Final Order Issued
• 2009-08-13Enforcement Action Closed
• 2009-08-27Enforcement Action Data Entered