EPA v. Alcoa, Inc.

Case summary

On September 29, 2014, Region 2 signed an Administrative Settlement Agreement under CERCLA § 122(h) in which the Respondent agreed to pay $1,096,663.16, plus interest, into the Alcoa Study Area Special Account. The payment will reimburse 100% of EPA’s site-related past response costs from September 1, 2011 through September 30, 2013, which EPA had sought from the Respondent in a September 24, 2014, demand letter. Under the Agreement, the Respondent also will pay EPA’s costs of overseeing the performance of the remedy selected in EPA’s April 4, 2013, Record of Decision for the site, and will post financial assurance to ensure the perpetual operation and maintenance of the remedy. The Agreement includes a covenant not to sue the Respondent pursuant to CERCLA Section 107(a) for EPA’s past and future response costs, as those terms are defined in the Agreement. The site, which is not on the National Priorities List, includes approximately seven miles of the Grasse River that is contaminated with PCBs discharged by the Respondent. The Respondent performed the investigation of the Grasse River contamination, and is required to design and implement EPA’s selected remedy, pursuant to a September 1989 unilateral administrative order issued by EPA pursuant to CERCLA § 106(a).

Defendants (1)

• Alcoa, Inc.Named in settlement

Facilities (2)

• ALCOA ALUMINUM FACILITY EAST & WEST PLANTS

  45 COUNTY ROUTE 42, MASSENA, NY, 136624249

  Registry ID: 110000582735

• ALCOA ALUMINUM FACILITY EAST & WEST PLANTS

  45 COUNTY ROUTE 42, MASSENA, NY, 136624249

  Registry ID: 110000582735

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Alcoa, Inc.entered 2014-09-29

  Primary law: CERCLA

Timeline (3 milestones)

• 2014-09-29Enforcement Action Closed
• 2014-09-29Final Order Issued
• 2014-10-01Enforcement Action Data Entered