EPA v. General Electric Company (Cayuga County Groundwater)

Case summary

This settlement is an Administrative Settlement Agreement and Order on Consent with the Respondent pursuant to Sections 106 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9606 and 9622, relating to the Cayuga County Groundwater Contamination Superfund Site, Cayuga County, New York. Under the settlement, EPA is transferring responsibility for maintenance and/or replacement of point of entry (“POET”) systems at four properties (“The Four Properties”) within the Site that have contaminated water supplies. The Site is on the National Priorities List. EPA had installed these POET systems as part of a removal action in 2000. Between December of 2000 and March of 2001, EPA installed 55 POET systems on residential and/or agricultural wells. After Cayuga County installed public water systems, POET systems only remained at the The Four Properties – three on farms and one on a residence. The Site was listed on the National Priorities List in 2002 and EPA has been conducting a remedial investigation/feasibility study since that time. EPA released a Proposed Plan for the Site in July 2012 and a Record of Decision is planned for September 2012. On April 1, 2011, EPA sent a notice and demand letter to the Respondent, advising that it was considered to be a potentially responsible party at the Site, and seeking reimbursement of over $10 million in past response costs. EPA expects to pursue recovery of these costs at the time the remedy is negotiated. EPA requested the Respondent take over the maintenance/upgrade of the POETs in late Spring of 2012 and negotiations on the settlement ensued. Under the terms of the settlement, the Respondent will evaluate the current condition of the water supply at The Four Properties, and will recommend replacement, reinstallation or connection to public water for each of the systems. The Respondent has agreed to reimburse EPA for its costs of overseeing the implementation of the Work (as defined) under the Agreement and has also agreed to remit to EPA a partial payment of the demanded past response costs, which will be used by EPA for initial oversight expenses and to continue the removal action until the Respondent takes over.

Defendants (1)

• General Electric CompanyNamed in settlement

Facilities (1)

• CAYUGA GROUNDWATER CONTAMINATION SITE

  STATE ROUTE 326, UNION SPRINGS, NY, 13160

  Registry ID: 110009303805

Statutes cited

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

Enforcement conclusions (1)

• General Electric Company (Cayuga County Groundwater)entered 2012-09-10

  Primary law: CERCLA

Timeline (3 milestones)

• 2012-09-10Final Order Issued
• 2012-09-10Enforcement Action Closed
• 2012-09-27Enforcement Action Data Entered