# E.I.  DuPont de Nemours & Company et al.
> **Administrative - Formal** · FY2010 · — · Final Order With Unspecified Cost Recovery
## Case
- **Activity ID:** `2200015631`
- **Case Number:** 02-2010-2029
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Unspecified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- Bayer CropScience, Inc. (settlement)
- E.I DuPont de Nemours & Company (settlement)
## Summary

This is a removal order entered into pursuant to Sections 106 and 122 of CERCLA, relating to the  Newburgh Landfill Superfund Site, City of Newburgh, New York.  Under the Agreement, the Respondents will perform a removal action at a three-acre portion of the Site. 

During the course of the landfill operations, drums of waste materials containing hazardous substances came to be located at the western boundary of the landfill, adjacent to the boundary of the DuPont-Stauffer Landfill, referred to as the “Drum Cache Area.”

A Drum Characterization Report was prepared for the City in 2002, which identified 456 superficial drums in varying degrees of deterioration at the Drum Cache Area.  The drums contained materials which were similar to waste materials generated by the Respondents, including plastic coated fabric, plastic resins and rubber, and various paints and powders.  Eight composite samples were taken of material in twenty three drums at the Drum Cache Area.  Chromium and lead were detected in two of the drums at levels that exhibited the characteristic of toxicity under the regulations implementing RCRA at 40 C.F.R. § 261.24. Three of the composite samples collected from twelve (12) drums exhibited the characteristics of ignitibility under the regulations implementing RCRA at 40 C.F.R. § 261.21.

NYSDEC referred the Site to EPA in October of 2009 for removal of the drums in the Drum Cache Area.  EPA sent notice letters with a draft Agreement to the Respondents 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*