# Mattiace, Industries, Inc., et al
> **Judicial** · FY2000 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `7229`
- **Case Number:** 02-2000-0020
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ABLE STEEL EQUIPMENT CO INC (complaint) (settlement)
- ADCHEM CORP (complaint) (settlement)
- ARC SYSTEMS INC (settlement)
- ARNEL INC (complaint) (settlement)
- ARTHUR MATNEY COMPANY INC (settlement)
- Able Steel Equipment Co., Inc. (complaint) (settlement)
- Aerolac Company, Inc. (complaint) (settlement)
- American Airlines, Inc. (complaint) (settlement)
- American National Red Cross (complaint) (settlement)
- Atlantic Paste & Glue Co., Inc. (settlement)
- Avanel Industries, Inc. (complaint) (settlement)
- Avis Rent A Car Systems, Inc. (complaint) (settlement)
- BAE Systems Information (and its predecessors) (complaint) (settlement)
- BORDEN INC (settlement)
- Beacon Chemical Company, Inc (complaint) (settlement)
- Best Merchandise Corp. fka Arthur Matney Co., Inc. (complaint) (settlement)
- Borden Chemical, Inc. (complaint) (settlement)
- Brenner Paper Products Company, Inc (complaint) (settlement)
- Bulova Corporation (complaint) (settlement)
- CITY ENAMELING CORPORATION (complaint) (settlement)
- Central Aviation and Marine Co. (complaint) (settlement)
- Chemaid Laboratories, Inc (complaint) (settlement)
- Coco-Cola Enterprises Inc. (complaint) (settlement)
- Consolidated Edison Company (complaint) (settlement)
- Contract Pharmacal Corporation (complaint) (settlement)
- Crompton Corporation (complaint) (settlement)
- Crown Cork & Seal Company, Inc. (complaint) (settlement)
- Cyro Industries (complaint) (settlement)
- Cytec Industries Inc. (complaint) (settlement)
- Dayton T. Brown, Inc. (complaint) (settlement)
- Del Laboratories, Inc. (complaint) (settlement)
- Delta Air Lines, Inc. (complaint) (settlement)
- Diversified Screen Process, Inc. (complaint) (settlement)
- EDO Coro obo all div of Cutler-Hammer Eaton Center (complaint) (settlement)
- ESCO Technologies, Inc. success to Hazeltine Corp (complaint) (settlement)
- Eaton Corp obo all div Cutler-Hammer Eaton Ctr (complaint) (settlement)
- Exxonmobil Corp (complaint) (settlement)
- FYN Paint & Lacquer Co. (complaint) (settlement)
- Federal Express Corp (complaint) (settlement)
- Flint Ink Corp (complaint) (settlement)
- G.J. Chemical Co., Inc (complaint) (settlement)
- GE Aircraft Engines Company (complaint) (settlement)
- Garrett General Aviation Services (complaint) (settlement)
- Gasser & Sons, Inc. (complaint) (settlement)
- General Electric Company (complaint) (settlement)
- General Motors Corporation (complaint) (settlement)
- Great Neck Saw Manufacturing, Inc. (complaint) (settlement)
- Greenwich Air Services (complaint) (settlement)
- H.T.A. Steel Specialty Equipment Corp (complaint) (settlement)
- HILTI INC (settlement)
## Summary

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

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