EPA v. Bayside Fuel Oil Corp. et al.

Case summary

The Agreement calls for the performance of a removal action to replace a collapsed, deteriorated bulkhead at 530-537 Smith Street, Brooklyn, a fuel terminal. The facility?s bulkhead is in poor condition, with areas of undermining and partial collapses. The replacement bulkhead has been designed to EPA?s specifications, such that its increased depth will obviate the need for temporary shoring during future dredging of contaminated canal sediments, reducing overall project costs and time. Bayside, which was notified of its potential liability in 2011, has also agreed to participate and coordinate in the Remedial Design, which is currently being performed pursuant to a unilateral administrative order issued in March 2014 to several dozen Respondents. The bulkhead repair work will require re-suspension controls to limit disturbance of contaminated canal sediments. The value of the work is approximately $2,000,000. Respondent will also reimburse EPA for its costs of overseeing the work.

Defendants (2)

• Bayside Fuel Oil Corp.Named in settlement
• Smith Street Properties, LLCNamed in settlement

Facilities (1)

• GOWANUS CANAL

  BUTLER ST (BETWEEN BOND ST AND NEVINS ST, BROOKLYN, NY, 11231

  Registry ID: 110033604197

Statutes cited

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

Enforcement conclusions (1)

• Bayside Fuel Oil Corp. et al.entered 2015-07-10

  Primary law: CERCLA

Timeline (3 milestones)

• 2015-07-10Enforcement Action Closed
• 2015-07-10Final Order Issued
• 2015-07-14Enforcement Action Data Entered