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Content about Superfund

October 8, 2012

BROOKLYN, N.Y. — Defendants to pay approximately $2.7 million for EPA's cleanup costs

BROOKLYN, N.Y. — A civil environmental lawsuit stemming from the Environmental Protection Agency's (EPA) cleanup at the Stanton Cleaners Area Groundwater Contamination Site in Great Neck, N.Y., has been settled, authorities report.

The lawsuit was brought against the estate of Lillion Wiesner, John P. Maffei, and the property at 110 Cutter Mill Road in Great Neck, where hazardous substances were disposed of by former dry cleaning operations, according to Loretta E. Lynch, U.S. attorney for the Eastern District of New York, and Judith A. Enck, regional administrator, EPA Region 2.

The complaint alleged the Wiesner estate was liable for EPA's response costs under the “Superfund law” as a current and past owner at the time of disposal of hazardous substances. Maffei was liable, authorities assert, because he is a de facto current and past owner of the property.

April 23, 2012

NEW YORK, N.Y. — Demolition and removal of contaminated soil on tap

NEW YORK, N.Y. — The U.S. Environmental Protection Agency (EPA) has finalized its plan to demolish a building, dig up contaminated soil and sediment, and treat the ground water at the Crown Cleaners of Watertown Inc. Superfund site in Herrings, N.Y.

The soil and sediment are contaminated with volatile organic compounds (VOC) and polycyclic aromatic hydrocarbons, and the ground water is contaminated with VOC from past operations at this former paper bag manufacturing, laundry and dry cleaning facility.

“EPA’s work at the site during the next phase of the cleanup is a step forward in our effort to protect the health of people who live or work near this abandoned facility,” says Judith A. Enck, EPA regional administrator. “Removing contaminated materials and cleaning up the ground water will reduce the health risks from this site.”

April 9, 2012

WASHINGTON — The U.S. Environmental Protection Agency (EPA) deems tetrachloroethylene—also known as perchloroethylene, or perc—to be a “likely human carcinogen.” So what does this development mean for the future of the industry’s preferred solvent?

WASHINGTON — When the U.S. Environmental Protection Agency (EPA) posted the final health assessment for tetrachloroethylene—also known as perchloroethylene, or perc—to its Integrated Risk Information System (IRIS) database in February, it deemed the chemical to be a “likely human carcinogen.”

The assessment replaces the 1988 IRIS assessment for perc and for the first time includes a hazard characterization for cancer effects. The assessment underwent several levels of rigorous, independent peer review including: agency review, interagency review, public comment, and external peer review by the National Research Council, according to the EPA, and all major review comments were addressed.

The Halogenated Solvents Industry Alliance says 70% of U.S. commercial dry cleaners use perc; EPA estimates the total number to be 27,000. So what does this development mean for the future of the industry’s preferred solvent?

February 13, 2012

WASHINGTON – The U.S. Environmental Protection Agency (EPA) on Friday officially characterized tetrachloroethylene—also known as perchloroethylene (perc)—as a “likely human carcinogen,” but the agency does not believe that wearing clothing dry-cleaned with perc poses a health risk.

EPA issued its final health assessment to its Integrated Risk Information System (IRIS) database, which describes health effects that may result from exposure to various substances. The assessment provides estimates for both cancer and non-cancer effects associated with exposure to perc over a lifetime.

The agency has already taken several significant actions to reduce exposure to perc. It has clean air standards for dry cleaners that use perc, including requirements that will phase-out the chemical’s use in residential buildings by Dec. 21, 2020.

EPA also set limits for the amount of perc allowed in drinking water, and levels for cleaning up perc at Superfund sites throughout the country, which will be updated in light of the IRIS assessment.

December 22, 2011

NEW YORK — The U.S. Environmental Protection Agency (EPA) has finalized a plan to clean up ground water at the Peninsula Boulevard Ground Water Plume Superfund site in Hempstead, N.Y.

The ground water is contaminated with tetrachloroethylene and trichloroethylene, dry-cleaning chemicals that can seriously impact people’s health, EPA says.

The cleanup plan entails extracting ground water from the site using pumping wells and treating the water to remove the contaminants before it is disposed of at a public wastewater treatment facility or sent back into surface or ground water.

Residents in the area get their drinking water from the Long Island American Water Co., which operates a drinking water well field approximately 1,000 feet north of the Peninsula Boulevard site. EPA did not detect any contaminants above acceptable levels in ground water from the company during its investigation.

A series of New York State Department of Environmental Conservation investigations in the 1990s revealed an extensive ground water contaminant plume at the site of the former Grove Cleaners, EPA says.

August 4, 2011

NAPERVILLE, Ill. — The Ninth Circuit Court of Appeals on July 27 upheld a lower court’s ruling that R.R. Street & Co. is not liable for contribution to perchlorethylene environmental cleanup costs under federal and California state laws, the company reports.

The Ninth Circuit held that equipment manufacturer Street’s was not liable as an “arranger of hazardous waste,” because it had not sold its product specifically for disposal of a hazardous substance.

In the 1980s, Team Enterprises, a large drycleaner in California’s central valley, disposed of contact wastewater containing perc by pouring it down the sewer drain. After finding perc in the soil, the California Regional Water Quality Control Board required cleanup.

Team consequently sued Street’s, along with other drycleaning equipment manufacturers and perc solvent producers, seeking financial contribution toward the cleanup. U.S. District Judge Lawrence J. O’Neill exonerated Street’s of any contribution liability in August 2010, and Team appealed the decision.

May 10, 2010

DETROIT – The U.S. District Court for the Eastern District of California recently dismissed an environmental contamination case against Hoyt Corp., a drycleaning equipment manufacturer formerly based in Wesport, Mass. The plaintiff, Hinds Investments LP, claimed Hoyt Corp. was responsible for perchloroethylene contamination on its property and was seeking damages for environmental remediation costs.

November 7, 2008

It is beyond comprehension why anyone would consider buying or selling a drycleaning plant before conducting an evaluation and inspection. And yet, it happens all the time.

I perform inspections on an average of two plants per month. In the same time, 30 to 40 operations nationwide probably change hands without an inspection from an environmental expert.

Today, I represent six drycleaners with contaminated properties in active lawsuits. Most went into the buying and selling process as if there were no problems to consider.

December 18, 2007

BILLINGS, Mont. — The Environmental Protection Agency recently released a plan to clean up a 140-acre plume of perc-contaminated groundwater that lies under homes and businesses in Billings, Mont. The plan will launch a cleanup as early as spring 2008 to prevent the contamination from spreading.

EPA says the effort will cost about $7 million and take up to five years. Superfund money will pay for the initial cleanup costs, and EPA may seek reimbursement from the party or parties responsible for the release.

October 3, 2007

WASHINGTON, D.C. — The U.S. Environmental Protection Agency (EPA) announced it has added the Five Points plume in Woods Cross City, Utah, to its National Priorities List (NPL) of Superfund sites. The plume of perchloroethylene contamination is thought to have come from a drycleaning plant once located at a nearby strip mall.

April 9, 2007

KANSAS CITY, Mo. — The council of Illinois’ state cleanup fund, the Drycleaner Environmental Response Trust (DERT), has designated GreenEarth Cleaning’s silicon-based solvent as a “green” alternative. The ruling immediately cuts state tax rates on GreenEarth at least 82%, the company says, giving it a substantial edge over perc and other solvent alternatives.