EPA v. E.I. DuPont de Nemours & Company et al.

Case summary

This is a removal order entered into pursuant to Sections 106 and 122 of CERCLA, relating to the Newburgh Landfill Superfund Site, City of Newburgh, New York. Under the Agreement, the Respondents will perform a removal action at a three-acre portion of the Site. During the course of the landfill operations, drums of waste materials containing hazardous substances came to be located at the western boundary of the landfill, adjacent to the boundary of the DuPont-Stauffer Landfill, referred to as the “Drum Cache Area.” A Drum Characterization Report was prepared for the City in 2002, which identified 456 superficial drums in varying degrees of deterioration at the Drum Cache Area. The drums contained materials which were similar to waste materials generated by the Respondents, including plastic coated fabric, plastic resins and rubber, and various paints and powders. Eight composite samples were taken of material in twenty three drums at the Drum Cache Area. Chromium and lead were detected in two of the drums at levels that exhibited the characteristic of toxicity under the regulations implementing RCRA at 40 C.F.R. § 261.24. Three of the composite samples collected from twelve (12) drums exhibited the characteristics of ignitibility under the regulations implementing RCRA at 40 C.F.R. § 261.21. NYSDEC referred the Site to EPA in October of 2009 for removal of the drums in the Drum Cache Area. EPA sent notice letters with a draft Agreement to the Respondents and the City of Newburgh on April 30, 2010, inviting them to enter into negotiations to perform the drum removal. Due to financial issues, the City will be negotiating a separate ability to pay settlement under Section 122(h) of CERCLA in an effort to resolve the City’s liability at the Site. Under the terms of the Agreement, the Respondents will excavate and remove drums in the Drum Cache Area down to a depth of six feet. Respondents will then excavate trenches in the Drum Cache Area to delineate the extent of further drum deposition, if any. At the conclusion of the delineation, EPA and Respondents will engage in technical discussions to determine the appropriate course of future action. EPA will determine, what if any additional work needs to be done, and if any is determined necessary, will seek the work from the Respondents either pursuant to the Agreement or under a separate administrative order which would be issued unilaterally. Respondents have also agreed to pay EPA’s response costs in overseeing the removal work. In exchange, Respondents will receive a covenant not to sue and contribution protection for EPA’s oversight costs and the removal work under the Settlement Agreement.

Defendants (2)

• E.I DuPont de Nemours & CompanyNamed in settlement
• Bayer CropScience, Inc.Named in settlement

Facilities (1)

• NEWBURGH LANDFILL

  PIERCES RD, NEWBURGH, NY, 12550

  Registry ID: 110040319660

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• E.I. DuPont de Nemours & Company et al.entered 2010-09-28

  Primary law: CERCLA

Timeline (3 milestones)

• 2010-09-28Enforcement Action Closed
• 2010-09-28Final Order Issued
• 2010-09-30Enforcement Action Data Entered