THIS CIVIL ACTION RECOMMENDS THE INITIATION OF A COST RECOVERY ACTION, PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C. 9607, FOR RECOVERY, FROM THE OVER 100 POTENTIALLY RESPONSIBLE PARTIES AT THE POLLUTION ABATEMENT SERVICES ( PAS ) SITE, OF EXPENSES INCURRED FOR REMOVAL AND REMEDIAL ACTIONS AT THAT SITE. FOLLOWING NUMEROUS OIL SPILLS AND ENVIRONMENTAL VIOLATIONS DURING ITS SEVEN YEAR OPERATING HISTORY, IN JULY, 1977, EPA OBTAINED AN INJUNCTION AGAINST THE CONTINUED OPERATION OF THE PAS FACILITY. THE COURT ALSO ORDERED EPA TO BEGIN CLEAN-UP ACTIVITIES AT THE SITE. THESE EARLY CLEANUP ACTIVITIES WERE FINANCED WITH CWA FUNDS. AFTER THE PASSAGE OF SUPERFUND, THE REMEDIATION OF THE SITE CONTINUED, FIRST WITH AN IMMEDIATE REMOVAL CARRIED OUT BY EPA AND THEN WITH A SUPERFICIAL CLEANUP CONDUCTED BY THE STATE OF N.Y., PURSUANT TO A COOPERATIVE AGREEMENT. THE STATE IS NOW PREPARING TO REMEDIATE THE GROUNDWATER AT THE SITE. THE POTENTIALLY RESPONSIBLE PARTIES HAVE BEEN IDENTIFIED VIA INVOICES AND MANIFESTS, WHICH ALSO INDICATE THE TYPE AND QUANTITY OF THE HAZARDOUS SUBSTANCES DISPOSED OF AT THE SITE.
PROPOSED RELIEF TO BE SOUGHT: RECOVERY OF BOTH PRE-CERCLA CLEAN-UP COSTS (APPROXIMATELY $1.7 MILLION) AND COSTS OF THE IMMEDIATE REMOVAL AND THE SURFICIAL CLEAN-UP (APPROXIMATELY $3.1 MILLION) PLUS ASSOCIATED ADMINISTRATIVE EXPENSES. RECENT CONTACTS WITH THE DEFENDANT: THERE ARE OVER 100 DEFENDANTS IN THIS ACTION; THESE INCLUDE THE DEFENDANTS IN THE REFUSE