THE FACILITY WAS OPERATING A HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY WITHOUT A PERMIT AFTER IT FAILED TO INSTALL GW MONITORING SYSTEM BY THE REQUIRED DATE, THUS LOSING INTERIM STATUS. THE FACILITY ALSO FAILED TO HAVE FOUR QUARTERS OF GW MONITORING DATA DURING THE FIRST YEAR OF OPERATION AND FAILED TO PROPERLY TEST ITS WASTE AND MAINTAIN AN ACCURATE WASTE ANALYSIS PLAN.
THE SETTLEMENT OF IS COMPIRSED OF A PENALTY AND SEP, WHICH CALLS FOR EXPENDITURES TO PURCHASE AND/ OR RESTORE ENVIRONMENTALLY SENSITIVE LAND IN THE NEW YORK HARBOR AREA. THE CD ALSO PROHIBITS THE DEFENDANT FROM MAKING CERTAIN ARGUMENTS WITH RESPECT TO AVERAGING OF WASTES FOR PURPOSES OF DETERMING WHETHER A WASTE IS HAZARDOUS. THE CD ALSO COMMITS DEFENDANT TO PERFORMING CORRECTIVE ACTION AT THE SITE.