EPA v. Getty Petroleum Marketing, Inc. et al.

Case summary

Requesting DOJ file a Proof of Claim in the bankruptcy of the Defendant and three subsidiary corporations. Debtors operated a gasoline marketing and distribution terminal on the shoreline of Newtown Creek in the Borough of Queens in the City of New York and State of New York since 1971. Newtown Creek is a 3.8-mile long waterway located at the northern boundary of the Borough of Brooklyn and the southern boundary of the Borough of Queens in New York City. Newtown Creek became contaminated from releases by heavy industry which operated on its shoreline and in its drainage basin for more than one hundred and fifty years. Newtown Creek was added to the national priorities list of hazardous substance sites pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act in 2010. EPA has commenced an enforcement-lead remedial investigation and feasibility study at the site pursuant to an administrative order on consent issued by EPA to six potentially responsible parties. Following the completion of the RI/FS, EPA anticipates that it will select a remedial action for the site. EPA believes that Debtors are jointly and severally responsible for response costs at the Site based on contamination released to Newtown Creek from Debtor's shoreline Terminal. Furthermore, EPA requests DOJ file a protective claim with regard to the Debtors' obligations under Subtitle I of RCRA, pertaining to underground storage tanks.

Defendants (4)

• Gasway, Inc.Named in complaint
• PT Petro Corp.Named in complaint
• Getty Petroleum Marketing, Inc.Named in complaintNamed in settlement
• Getty Terminals Corp.Named in complaintNamed in settlement

Facilities (1)

• NEWTOWN CREEK

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

  Registry ID: 110037285979

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Getty Petroleum Marketing, Inc. et al.entered 2014-12-17

  Primary law: CERCLA

Timeline (6 milestones)

• 2012-08-13Referred To Dept Of Justice
• 2012-08-15Enforcement Action Data Entered
• 2012-09-05Complaint Filed With Court
• 2014-10-21Final Order Lodged
• 2014-12-17Final Order Entered
• 2014-12-17Concluded