On September 10, 2009, the United States lodged in district court a proposed consent judgment in United States v. Genesco Inc., No. CV-09-39 17 (E.D.N.Y.), in which Genesco agreed to implement the interim OUI remedy for the Site that EPA had selected in a September 28, 2007, ROD. The lodged consent judgment was released for public comment, and Genesco began designing the remedy at that time. The Village of Garden City (Village) raised concerns about the settlement in comments filed with the court during the public comment period. The United States, the Village and Genesco subsequently began discussions regarding the Village's concerns, and the consent judgment remained filed with the court but was not entered. During this time the Village and Genesco also engaged in settlement discussions regarding the Village's 2007 lawsuit against Genesco and Gordon Atlantic Corporation (Gordon Atlantic), which owns the Fulton Property, over the contamination of wells 13 and 14.
In March of 2012, the Village and Genesco jointly proposed modifications to the 2007 ROD that would, among other things, eliminate the groundwater pumping and treatment system and the application of in-situ chemical oxidation that were part of the 2007 ROD. After evaluating the Village's and Genesco's March 2012 proposal, EPA determined that the proposed modifications were appropriate. On September 30, 2015, EPA issued the Amended OUI ROD, the major components of which are the continued treatment of Village supp