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Federal Government Files Suit Against ARCO for EPA's Past Cleanup Costs at Superfund Site in Wellsville, New York

Release Date: 07/10/2002
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(#02072) NEW YORK, N.Y. -- The U.S. Justice Department, on behalf of the Environmental Protection Agency (EPA), filed suit yesterday against the Atlantic Richfield Company (ARCO) under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund Law). Between 1919 and 1958, the Sinclair Refining Company owned the approximately 100-acre property and operated a petroleum refining and petroleum product manufacturing business. As a result of Sinclair's operations, the soil and ground water at the site became contaminated with numerous hazardous substances, including benzene, toluene, ethylbenzene, xylene, arsenic, and lead. The suit, which is embodied in a complaint filed in Federal Court in Buffalo, seeks to recover approximately $2 million in costs incurred by EPA for cleanup work at the Sinclair Refinery site in Wellsville, New York. ARCO is the successor-in-interest to the Sinclair Refining Company, which owned and operated the site during the time that the contamination occurred. EPA Regional Adminstrator Jane M. Kenny said. "These recovered cleanup costs will allow us to help pay for hazardous waste cleanups at Superfund sites in other communities where those responsible for the contamination are not viable or cannot be found." Since the early 1980s, EPA, the New York State Department of Environmental Conservation and ARCO have undertaken numerous investigation and cleanup actions at the Sinclair Refinery site. This cleanup work has included: relocating Wellsville's drinking water intake on the Genesee River upstream of the site, stabilizing the river bank to prevent erosion and contamination of the Genesee River, consolidating and capping landfill wastes at the site, removing contaminated waste material from the site, and excavating and treating contaminated soil. The cleanup of the site is ongoing, including measures to address the contaminated ground water. ARCO is performing this work under an administrative order issued unilaterally by EPA.