Grand Street Mercury Site, General Electric Company (Board decision, December 5, 2006)

Plain-English summary

General Electric Company sought reimbursement of costs and interest incurred while complying with two unilateral administrative orders concerning the Grand Street Mercury Superfund Site in Hoboken, New Jersey. GE filed a second petition that incorporated the first, and the Board consolidated the petitions and stayed them while the parties pursued settlement. GE then voluntarily dismissed both petitions with prejudice. The Board ordered the dismissal and noted that each side would bear its own costs.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: Procedural dismissal with prejudice of CERCLA 106(b) Petition Nos. 05-01 and 05-03.
• Key point: A petitioner may voluntarily withdraw consolidated reimbursement petitions, with prejudice, after settlement discussions.

Full text (EPA EAB public release)

                     ENVIRONMENTAL APPEALS BOARD
             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.

In the Matter of: )
)
Grand Street Mercury Site, ) CERCLA § 106(b) Petition Nos. 05-01
General Electric Company, Petitioner ) and 05-03
)

                     ORDER DISMISSING PETITIONS WITH PREJUDICE

By petitions filed on March 1, 2005, and October 14, 2005, the General Electric Company ("GE") requested reimbursement of costs (plus interest) incurred in complying with the terms of two unilateral administrative orders ("UAO") issued by U.S. EPA Region 2 (the "Region") regarding the Grand Street Mercury Superfund Site, Hoboken, New Jersey. The October 14, 2005 petition incorporated by reference the March 1, 2005 petition and, accordingly, by order dated October 18, 2005, the petitions were consolidated for administration and review and the petitions were stayed while the parties pursued settlement. GE has now filed a voluntary dismissal of its petitions with prejudice. GE represents that EPA has agreed that each side shall bear its own costs relative to the petitions.

For the foregoing reasons, the above-captioned petitions are hereby dismissed with prejudice.

So ordered.

Dated: December 5, 2006

                     ENVIRONMENTAL APPEALS BOARD

                     By: [signature]
                         Edward E. Reich
                         Environmental Appeals Judge

                          CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petitions with Prejudice in the matter of Grand Street Mercury Site, General Electric Company, Petitioner, CERCLA § 106(b) Petition Nos. 05-01 and 05-03, were sent to the following persons in the manner indicated:

By First Class Mail
Postage Prepaid: Samual I. Gutter
Sidley Austin Brown & Wood, LLP
1501 K Street, N.W.
Washington, DC 20005

                         James A. Moss
                         Herrick, Feinstein LLP
                         Two Park Avenue
                         New York, NY 10016

                         Kirk Macfarlane
                         Counsel, GE Corporate Environmental Programs
                         640 Freedom Business Center
                         King of Prussia, PA 19406

By Pouch Mail: Sarah P. Flanagan
Office of Regional Counsel
U.S. EPA, Region 2
290 Broadway, 17th Floor
New York, NY 10007-1866

By Interoffice Mail: Clarence Featherson
Office of Site Remediation and Enforcement
Ariel Rios Building, MC 2272A
1200 Pennsylvania Ave., N.W.
Washington, D.C. 20460

Dated: DEC - 5 2006

                         Annette Duncan
                         Secretary