EPA v. Niagara Mohawk Power Corporation

Case summary

The Defendant is to address hazardous substances released into the soil and groundwater from a now defunct manufactured gas plant. This action is to implement a Record of Decision issued on March 29, 2013, known as the Operable 2 ROD (OU2 ROD). This ROD requires: 1) treating contaminated soil via in-situ stabilization, 2) removing and replacing contaminated surface soil, 3) applying soil amendments to enhance biodegradation of contaminants in subsurface soil and groundwater, 4) properly abandoning a water well and installing a replacement well with double casing, 5) installing a containment barrier wall and a subsurface mat to encapsulate contaminated soil under Excelsior Avenue, 6) conducting long-term groundwater monitoring including periodic sampling of monitoring wells and analysis for volatile organic compounds, semi-volatile organic compounds, and metals, 7) implementing institutional controls at the properties in the OU 2 Project Area, including developing environmental easements/restrictive covenants to be imposed for all areas where contaminants of concern exceed unrestricted use Soil Cleanup Objectives established in 6 NYCRR 375-6.3(b), including prohibiting single family housing and vegetable gardening, and 8) restoring disturbed areas to their original pre-construction condition and topographic contours. The Consent Decree will require the Defendant to plan and implement the above-referenced remedy and reimburse EPA for its oversight costs.

Defendants (1)

• Niagara Mohawk Power CorporationNamed in complaintNamed in settlement

Facilities (1)

• NIAGARA MOHAWK POWER CORP. (SARATOGA SPRINGS PLANT)

  EAST AVENUE & EXCELCIOR RD, SARATOGA SPRINGS, NY, 12866

  Registry ID: 110009302986

Statutes cited

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

Enforcement conclusions (1)

• Niagara Mohawk Power Corporationentered 2015-01-12

  Primary law: CERCLA

Timeline (7 milestones)

• 2014-03-05Enforcement Action Data Entered
• 2014-07-25PRN Sent
• 2014-09-30Referred To Dept Of Justice
• 2014-10-16Complaint Filed With Court
• 2014-10-16Final Order Lodged
• 2015-01-12Final Order Entered
• 2015-01-12Concluded