# NYS DEPARTMENT OF TRANSPORTATION
> **Judicial** · FY1988 · — · Final Order No Penalty
## Case
- **Activity ID:** `3122`
- **Case Number:** 02-1988-0585
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- NEW YORK STATE DEPT OF TRANSPORTATION (complaint) (settlement)
## Summary

THIS REFERRAL RECOMMENDS THAT A COMPLAINT BE FILED         PURSUANT TO SECTION 17 OF THE TOXIC SUBSTANCES CONTROL ACT,  (TSCA), 15 U.S.C. SECTION 2616, FOR VIOLATIONS OF:  1) A     SEPT 6, 1979, PCB DREDGE SPOIL DISPOSAL APPROVAL; AND 2) AN  A/O, ISSUED BY REGION II PURSUANT TO SETTLEMENT OF AN ADMIN- ISTRATIVE ENFORCEMENT ACTION TAKEN AGAINST DOT.                EPA ISSUED AN INTERIM APPROVAL TO DOT ALLOWING THE TEMP-   ORARY DISPOSAL OF PCB-LADEN DREDGE SPOILS AT TWO SITES ALONG THE HUDSON RIVER.  THIS APPROVAL REQUIRED DOT TO INSTALL AND SAMPLE GROUNDWATER MONITORING WELLS AND SUBMIT THE RESULTS   TO EPA ON A MONTHLY BASIS; TO COVER BOTH SITES AFTER COM-    PLETING ITS DISPOSAL OPERATIONS; AND TO SUBMIT A YEARLY      REPORT ASSESSING THE FEASIBILITY OF MORE PERMANENT DISPOSAL  OPTIONS.                                                       IN 1983, EPA ISSUED AN ADMINISTRATIVE COMPLAINT TO DOT FOR NON-COMPLIANCE WITH THE CONDITIONS OF THE TSCA APPROVAL.     THIS ACTION WAS SETTLED IN 1986 BY A CONSENT AGREEMENT AND   FINAL ORDER, ISSUED BY THE REGIONAL ADMINISTRATOR OF REG-    ION II.  THE ORDER REQUIRED DOT TO :  1) DEVELOP ENGINEERING PLANS FOR CAPPING THE SITES; 2) CAP OR REMOVE THE MATERIAL   FROM THE TWO SITES BY THE END OF THE 1987 CONSTRUCTION       SEASON; AND 3) MONITOR GROUNDWATER WELLS AT THE SITES ON A   MONTHLY BASIS.                                                 DOT HAS FAILED TO COMPLY WITH THE ABOVE CITED CONDITIONS,  THEREBY VIOLATING BOTH THE 1979 TSCA A

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