EPA v. Phelps Dodge Refining Corporation et al.

Case summary

On July 7, 2011, EPA issued an Administrative Settlement Agreement and Order on Consent, pursuant to CERCLA, to six potentially responsible parties, requiring that they perform a Remedial Investigation and Feasibility Study at Newtown Creek, a 3.8-mile long urban water body listed on the NPL and located in the Boroughs of Brooklyn and Queens in New York City. In addition to requiring performance of the study, the order also requires respondents to reimburse EPA for its past site-related costs. EPA is conducting PRP search activities and expects to name additional PRPs. The Creek became contaminated through more than a century of heavy industrial operations along its banks including releases to the Creek from facilities including oil refineries and terminals, chemical plants, fertilizer and glue factories, copper-smelting and fat rendering plants, shipbuilders, sugar refineries, hide tanning plants, canneries, sawmills, paint works, lumber and coal yards, and from governmental operations including refuse collection and transfer, land filling and raw sewage disposal.

Defendants (6)

• City of New YorkNamed in settlement
• ExxonMobil Oil CorporationNamed in settlement
• BP Products North America, Inc.Named in settlement
• National Grid NYNamed in settlement
• Phelps Dodge Refining CorporationNamed in settlement
• Texaco, Inc.Named in settlement

Facilities (1)

• NEWTOWN CREEK

  SOUTH END OF IVY HILL ROAD, BROOKLYN, QUEENS, NY, 11222

  Registry ID: 110037285979

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• Phelps Dodge Refining Corporation et al.entered 2011-07-07

  Primary law: CERCLA

Timeline (3 milestones)

• 2011-07-07Final Order Issued
• 2011-07-07Enforcement Action Closed
• 2011-07-13Enforcement Action Data Entered