The Tri-Cities Barrel Superfund Site was contanimiated with hazardous substance contained as residues in drums sent to the Site by various parties, including Defendant for drum cleaning, disposal or recycling. On May 31, 2000 EPA issued a Record of Decision selecting a comprehenisve remedy to address soils and groundwater at the Site.
On August 8, 2001, the U.S. entered into a Consent Decree with 43 settling defendants (being all of the viable PRPs who has not yet settled, other than New York State Department of Transportation (NYSDOT) and Defendant for implementation of the remedial design and remedial action (RD/RA).
On Sept. 28, 2001, EPA issued a unilateral administrative order pursuant to CERCLA Section 106(a)(US EPA Index No. CERCLA 02-2001-2036)(the RD/RA UAO) to Defendant and NYS DOT requiring their participation and coordination with the settling defendants in the performance of the RD/RA at the Site. NYS DOT is in compliance with the administrative order but Defendant has willfully violated the RD/RA UAO and has failed and refused to comply with it.
EPA is seeking recovery from Defendant of unreimbursed response costs incurred by EPA with respect to the Site pursuant to Section 107(a) of CERCLA, and a declaratory judgment that Defendant is liable for future response costs pursuant to Section 113(g)(2) of CERCLA; injunctive relief under Section 106(a) of CERCLA in the form of a Court order directing Defendant to comply with the RD/RA UAO; and civil pen