EPA v. General Electric Company

Case summary

On September 30, 2014, the Environmental Protection Agency signed an Administrative Settlement Agreement and Order on Consent with the Respondent pursuant to Sections 104, 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. §§ 9604, 9607 and 9622, relating to the Floodplain of the Hudson River PCBs Superfund Site in New York State. The Site is on the National Priorities List. Under the Agreement, the Respondent will (i) perform the Remedial Investigation and Feasibility Study (RI/FS) for the Floodplain, an approximately 40-mile stretch of the shoreline of the Upper Hudson River from the Federal Dam at Troy to Bakers Falls, New York; (ii) pay EPA’s Future Response Costs, which include EPA’s costs of overseeing the performance of the RI/FS; and (iii) reimburse $3.5 million, or about 78% of EPA’s Floodplain-related Past Response Costs paid through July 31, 2014. EPA reserved its right to seek reimbursement at a later date for the remainder of the Floodplain-related past response costs. In performing the RI/FS, the Respondent will evaluate contamination in shoreline areas that are subject to flooding (including the near-shore sediments located at elevations between the minimum daily average flow with a probability of occurring once every three years and 5,000 cubic feet per second), perform human health and ecological risk assessments, and conduct a feasibility study in which the company will evaluate potential remedial alternatives for the Floodplain. The estimated cost of the RI/FS is $20.5 million. Combined with the partial payment of past costs, the total value of this settlement is $24 million.

Defendants (1)

• General Electric CompanyNamed in settlement

Facilities (1)

• HUDSON RIVER PCBS

  NO STREET APPLICABLE, GLENS FALLS, NY, 12801

  Registry ID: 110009302879

Statutes cited

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

Enforcement conclusions (1)

• General Electric Companyentered 2014-09-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2014-09-30Enforcement Action Closed
• 2014-09-30Final Order Issued
• 2014-10-01Enforcement Action Data Entered