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ENB - Region 2 Notices 12/01/2010

Public Notice

Lodging of Proposed Consent Decree

Notice is hereby given that on November 17, 2010, a proposed Consent Decree in State of New York v. ExxonMobil Corporation, Civil Action No. 07-CV-2902, was lodged with the United States District Court for the Eastern District of New York.

The State's complaint in the case alleged that ExxonMobil is liable to clean up oil contamination at the company's petroleum refining and storage facilities in Greenpoint, Brooklyn and in the surrounding community, under the federal Resource Conservation and Recovery Act (RCRA), the federal Clean Water Act and State law, including the Environmental Conservation Law, the Navigation Law and the common law, as well as for related penalties.

The proposed Consent Decree and a Corrective Action Plan attached to the Decree require ExxonMobil to take the following actions:

  • continue and optimize operation of the current on-site and off-site systems for the recovery of oil and contaminated groundwater;
  • evaluate, summarize and report data collected to date and perform extensive additional investigations of free product (oil), soil, groundwater, and soil vapor in order to gain a thorough understanding of the contamination at the site;
  • conduct pilot testing of alternative and innovative technologies and submit "Alternative Analysis Reports" that thoroughly evaluate all potential remedial alternatives; and
  • implement remedies selected by the New York State Department of Environmental Conservation for the free product removal, contaminated soil and groundwater remediation, and soil vapor mitigation.

In addition, ExxonMobil would be required to respond with emergency measures to collect and control seepage into Newtown Creek as may be necessary; comply with a strict Milestone Schedule for investigations and submission of reports; and prepare a Hazard Notification Plan and Citizen Participation Plan.

ExxonMobil would pay $19,500,000 to fund Environmental Benefit Projects to benefit the Greenpoint Community; pay a penalty of $250,000; pay $250,000 for Natural Resources Damages Restoration Projects; pay past State costs for oversight of investigation and remedial activities in the amount of $1,500,000 and pay future State oversight costs, up to $3,500,000.

The State of New York will receive public comments on the proposed Consent Decree during a public comment period. Comments should be submitted before December 23, 2010 and addressed to:

Andrew Cuomo
Attorney General of the State of New York
c/o Eugene J. Leff
Deputy Bureau Chief
Environmental Protection Bureau
New York State Department of Law
120 Broadway
New York, New York 10271

The proposed Consent Decree and Corrective Action Plan may be examined at:

Brooklyn Collection
Brooklyn Public Library
Grand Army Plaza
Brooklyn, NY 11238

During the public comment period, the proposed Consent Decree and Corrective Action Plan may also be examined on the Attorney General's web site: http://www.ag.ny.gov .

A copy of the proposed Consent Decree and Corrective Action Plan may also be obtained by mail from:

Office of the Attorney General
Environmental Protection Bureau
New York State Department of Law
120 Broadway
New York, New York 10271
E-mail: michael.belli@ag.ny.gov

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