EPA v. AVCO CORPORATION

Case summary

ON SEPTEMBER 28, 1999, THE REGIONAL ADMINISTRATOR SIGNED A CIVIL LITIGATION REPORT WITH RESPECT TO A CIVIL ACTION UNDER THE CERCLA SECTION 107 AND 113 CONCERNING THE AVCO LYCOMING SUPERFUND SITE IN WILLIAMSPORT, LYCOMING COUNTY, PENNSYLVANIA. THIS ACTION STEMS FROM EPA RESPONE COSTS OF APPROXIMATELY $504,632.55 ASSOCIATED WITH EPA'S OVERSIGHT OF TWO FOCUSED FEASIBILITY STUDIES AND REMEDIAL ACTION ACTIVITIES PERFORMED BY THE SITE OWNER/OPERATOR, AS WELL AS ENFORCEMENT ACTIVITIES. EPA RECOMMENDED THAT THE ACTION BE FILED AGAINST THE PARTY PERFORMING THE CLEANUP AT THE SITE UNDER A UNILATERAL ADMINISTRATIVE ORER, AVCO CORPORATION (AVCO). AVCO (A WHOLLY-OWNED SUBSIDIARY OF TEXTRON, INC.), ACTING THROUGH ITS UNINCORPORATED DIVISION, TEXTRON LYCOMING, HAS OWNED AND/OR OPERATED THE SITE SINCE THE 1920S. HISTORICAL INFORMATION INDICATES THAT WASTES FROM AVCO'S MANUFACTURE AND REPAIR OF ENGINES, WHICH CONTAINED HAZARDOUS SUBSTANCES, WERE DISPOSED AT THE SITE AT LEAST UNTIL TH EARLY 1960S. ON-SITE SOILS AND GROUNDWATER AT THE SITE CONTAIN MODERATE TO HIGH LEVELS OF ORGANIC (TCE AND VINYL CHLORIDE) AND INORGANIC (LEAD AND CHROMIUM) CONTAMINANTS. EPA CONTENDS THAT AVCO IS LIABLE FOR EPA'S COSTS AS THE CURRENT OWNER AND OPERATOR OF THE FACILITY AND AS AN OWNER AND OPERATOR AT THE TIME OF DISPOSAL OF HAZARDOUS SUBSTANCES, PURSUANT TO SECTION 107(A)(1) AND (A)(2) OF CERCLA, 42 U.S.C. SECTION 9607(A)(1) AND (A)(2).

Defendants (1)

• AVCO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• TEXTRON LYCOMING

  652 OLIVER ST., WILLIAMSPORT, PA, 17701

  Registry ID: 110000334344

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AVCO CORPORATIONentered 2001-03-26

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-09-28Referred To Dept Of Justice
• 1999-09-30Enforcement Action Data Entered
• 2001-01-30Final Order Lodged
• 2001-01-30Complaint Filed With Court
• 2001-03-26Final Order Entered