EPA v. Revitalizing Auto Communities Environmental Response Trust

Case summary

On September 30, 2021, a CERCLA administrative order on consent was issued to the Respondent, which requires the Respondent to conduct remedial design activities and a focused feasibility study with respect to the Ley Creek Deferred Media (LCDM) operable unit of the Onondaga Lake Superfund Site in Syracuse, New York, as well as to pay EPA?s future response costs associated with the work. LCDM consists of approximately 9,200 linear feet of Ley Creek, a tributary of Onondaga Lake, as well as adjacent floodplains and certain discrete upland areas of contamination. General Motor?s (GM?s) former Inland Fisher Guide plant is the primary contributor of PCB contamination to LCDM. Respondent was created in connection with the GM bankruptcy proceedings to address GM?s legacy contamination, including at LCDM. The order reflects the Respondent's unusual status as an environmental response trust with a specified purpose, subject to court-ordered restrictions. The order requires the Respondent to address significant, unforeseen floodplain contamination that was discovered after the selection of a remedy for LCDM in 2015. The value of the work to be performed under the order is estimated to be $1 million.

Defendants (1)

• Revitalizing Auto Communities Env Response TrustNamed in settlement

Facilities (1)

• ONONDAGA LAKE

  LAKE BOTTOM OU, SYRACUSE, NY, 13209

  Registry ID: 110009303645

Statutes cited

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

Enforcement conclusions (1)

• Revitalizing Auto Communities Environmental Response Trustentered 2021-09-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2021-09-30Enforcement Action Closed
• 2021-09-30Final Order Issued
• 2021-10-06Enforcement Action Data Entered