EPA v. General Electric Company

Case summary

Under the Agreement, Respondent is: 1) performing the Remedial Design (RD)of the remedy selected in EPA?s March 2013 Record of Decision (ROD), which addresses Area 1 and Area 2 of the Site; 2) reimbursing EPA in past response costs, the balance of which EPA reserves its rights to recover at a later time; and 3) performing additional investigatory work in Area 3 of the Site. The Respondent agreed to perform all additional investigatory work except the Baseline Ecological Risk Assessment (BERA), which is an assessment unlikely to be needed. Under the Agreement, the Respondent may elect not to perform the BERA, in which case, EPA may either (1) perform it and bill the Respondent, or (2) issue a unilateral order to the Respondent to perform it. The Amended Settlement Agreement amends the 2013 Settlement Agreement. Under the terms of the Amended Settlement Agreement the Respondent will perform the remedial design for the Area 3 remedy selected as provided by the 2019 ROD. Only terms of the 2013 Settlement Agreement specific to remedial design, investigation and cost recovery as they apply to Area 3 have been amended. Letter of Agreement signed on September 22, 2023, between the Respondent and EPA, in which Respondent agrees to pay EPA oversight costs associated with the Cayuga County Groundwater Contamination Site remedy for Areas 1-3, which work is being performed under Administrative Order for Remedial Action, Index No. CERCLA-02-2022-2011 (UAO).

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 (3)

• General Electric Companyentered 2023-09-22

  Primary law: CERCLA

• General Electric Companyentered 2020-06-26

  Primary law: CERCLA

• General Electric Companyentered 2013-09-30

  Primary law: CERCLA

Timeline (2 milestones)

• 2013-10-17Enforcement Action Data Entered
• 2023-09-22Final Order Issued