The settlement provides for the takeover of the ongoing long-term action (LTRA) and operation and maintenance (O&M) of the groundwater and soil treatment system at the Site, and for the settlement of response costs incurred and to be incurred by the United States and the State of New York. Such work is expected to reduce groundwater contaminant levels below MCLs. In addition, EPA's past costs and EPA's interim and future costs will be paid by the settling parties under the Consent Decree. The Consent Decree also settles the claims of the State for recovery of its past and future costs at the Site, and provides for a settlement with the Federal and State natural resource trustees for natural resource damages associated with the Site.
The Consent Decree includes a De Minimis cost recovery settlement with 44 of the Settling Parties, as well as Ability-To-Pay settlements with three Settling Parties.
Given the unique circumstances of the case, the response action contractor TRC Companies, Inc./TRC Engineers, Inc. (TRC), is included as a jointly and severally liable party (even though it has no CERCLA liability at the Site otherwise), and will be responsible in the first instance for performing the remainder of the Site LTRA and O&M. The Consent Decree also contains language which allows the performing parties to provide financial assurance by means of an insurance policy.
Seeking an Amendment which requires the Work Settling Parties to implement the new remedy select