The Administrative Order directs Respondent to implement part of a remedial action (RA) at the Lehigh Valley Railroad Derailment Superfund Site located in near the Town of LeRoy, New York, Genesee, Monroe and Livingston Counties. The Site includes the location of a TCE chemical spill (~30,000 gallons) caused by a 1970 train derailment and the resulting contaminated groundwater plume; the groundwater plume is approximately 4 miles long. The Site is on the NPL.
Under the Order, the Respondent is being directed to undertake the remedy component related to a soil vapor extraction (SVE) system selected by a March 28, 1997 New York State Record of Decision, which system was later adopted as part of the RA for the Site by EPA, and the remedial design (RD) of which was performed by Respondent pursuant to an Administrative Settlement Agreement and Order on Consent (Settlement Agreement) with EPA. The work is delineated in the Order and in the various EPA-approved plans referred to in the Statement of Work (SOW) attached to the Order.
The StateÂs ROD selected, among other things, ex-situ SVE as a source-control measure. On May 21, 2002, EPA concurred with the source-control measures contained in the ROD.
In a November 4, 1991 letter, EPA notified Respondent that it is a potentially responsible party (PRP) for the Site based on its ownership of the railroad right-of-way at the time that the TCE was released there. In its December 20, 1991 response, the Respondent argued