EPA v. American Iron & Metal, et al.

Case summary

Recommend that the Department of Justice file a civil action against 25 parties under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9601-9675, to recover response costs associated with a second removal action performed by the United States Environmental Protection Agency between 2004 and 2007 at the Port Refinery Superfund Site in the Village of Rye Brook, Westchester County, New York, 10573. The first partial consent decree, entered on February 15, 2012, requires 4 Defendants to pay cost recovery. The second partial consent decree, entered on August 13, 2012, requires 5 Defendants to pay cost recovery. The third partial consent decree, entered on August 13, 2012, requires 1 Defendant to pay cost recovery. The fourth consent decree, entered on June 12, 2013, requires 1 Defendant to pay cost recovery. The fifth consent decree was entered on consent and without any public comments. EPA recovered $151,503 in this settlement. EPA and DOJ shall continue to negotiate with the remainder of the PRPs for the Site. The sixth consent decree was entered on May 10, 2019 and EPA recovered $179,647 from three Defendants. The seventh consent decree was entered on October 22, 2020 and resolves the liability of two Defendants for EPA's past response costs related to the second removal action at the site. In return for the release of their liability, the Defendants will pay a total of $142,653 of EPA's past response costs . These payments represent the full, several-only shares of the Defendants' waste contribution to the site. The eighth consent decree, entered on September 28, 2021, resolves the liability of four Settling Defendants in return for a total of $1,412,255 of EPA's response costs for the second removal action at the site. The Settling Defendants are paying their full several-only shares based upon the mercury each contributed to the Site. One of the Defendants is paying its several only share in four annual instalments while the other Defendants are paying their shares in a lump sum 30 days following the entry of the consent decree.

Defendants (33)

• Leonard Sherman dba L&B MetalsNamed in complaintNamed in settlement
• PSC Metals - New York, LLCNamed in complaintNamed in settlement
• PSC Metals, Inc.Named in complaintNamed in settlement
• American Iron & Metal Co. Inc.
• L&B Metals, Inc.Named in complaintNamed in settlement
• Kearny Scrap MetalNamed in complaintNamed in settlement
• Jacob Goldberg & Son, Inc.Named in complaintNamed in settlement
• Henry Schine, Inc.Named in settlement
• Alexander FarielloNamed in settlement
• E.I. DuPont de Nemours & CompanyNamed in settlement
• D&D SalvageNamed in settlement
• Cytec Industries Inc.Named in complaintNamed in settlement
• Culp Iron & Metal Co., Inc.
• CBS Corporation
• Southern Natural Gas CompanyNamed in complaintNamed in settlement
• Southern Foundry Supply, Inc.Named in settlement
• Roth Bros. Smelting Corp.Named in settlement
• Poor Charlie & CompanyNamed in settlement
• National Grid USANamed in complaintNamed in settlement
• Monroe Iron & Metal Co., Inc.Named in complaintNamed in settlement
• Annaco, Inc.
• Metallico Annaco, Inc.
• Levin & Sons, Inc.Named in complaint
• Luntz CorporationNamed in settlement
• W.A. Baum co., Inc.Named in settlement
• …and 8 more

Facilities (1)

• PORT REFINERY

  55 HILLANDALE RD, RYE BROOK, NY, 105731704

  Registry ID: 110004467559

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (8)

• American Iron & Metal, et al.entered 2012-02-15

  Primary law: CERCLA

• American Iron & Metal, et al.entered 2012-08-13

  Primary law: CERCLA

• American Iron & Metal, et al.entered 2012-08-13

  Primary law: CERCLA

• American Iron & Metal, et al.entered 2013-06-12

  Primary law: CERCLA

• Monroe Iron & Metal Co., Inc. et al.entered 2017-09-29

  Primary law: CERCLA

• Cytec Industries Inc., et al.entered 2020-10-22

  Primary law: CERCLA

• American Iron & Metal, et al.entered 2019-05-10

  Primary law: CERCLA

• E.I DuPont de Nemours, et al.entered 2021-09-28

  Primary law: CERCLA

Timeline (10 milestones)

• 2010-03-31Referred To Dept Of Justice
• 2010-04-07Enforcement Action Data Entered
• 2010-04-16Complaint Filed With Court
• 2011-08-24Amended Complaint
• 2017-08-16Amended Complaint
• 2018-08-10Supplemental Referral-Adding parties, counts
• 2018-11-30Supplemental Referral-Adding parties, counts
• 2020-08-26Amended Complaint
• 2021-08-18Final Order Lodged
• 2021-09-28Final Order Entered