Filing of complaint/settlement negotiations re Ludlow Sand and Gravel Company Superfund Site. Settlement discussions are focused on ability to pay settlement with elements of mixed work.
Settlement discussions resulted in an ability to pay settlement with elements of mixed work. Consent Decree entered by the U.S. District Court for the Northern District of New York on October 1, 2007. The Consent Decree requires Settling Defendants to provide materials worth a market value of $315,000 to be utilized by EPA contractors in closure of the North Gravel Pit Operable Unit at the Site. In addition, the Consent Decree requires that Settling Defendants perform additional work at the Site at below market rates through a subcontract with EPA contractors, with a savings to the government of approximately $37,000. Consent Decree further provides for continuous access by EPA to the Site and for Institutional Controls in the form of restrictive covenants/environmental easement which will prohibit activities such as excavation which will interfere with engineering controls and also prohibit extraction of groundwater.