Document rxZjYdmnKred0J26GnxO0Q9j7

1 ( EXHIBIT I STATE OF NF.W YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of Alleged Violations of Sections 17-0501, 17-0511 and 11-0503 of the Environmental Conservation Law of the State of Hew York by: PROPOSED ABATEMENT ORDER GENERAL ELECTRIC COMPANY. ; , ' FILE NO. - ' . Respondent 2833 '' ' WHEREAS, the environmental policy of the State of Hew York . ("State") is to conserve, improve and protect its natural resources and environment and control water pollution in order to enhance the health, safety and welfare of the people of the State (Environ mental Conservation Law ("ECL") 1-0101); , t WHEREAS, it is the responsibility of the Commissioner of Environmental Conservation ("Commissioner") and the Kew York State . Department of Environmental Conservation ("Department") to prevent and abate water pollution; to provide for the protection of marine resources; to provide .for the protection and management, of fish, and other aquatic life consistent.with the environmental policy . of. the-State; and to promote restoration and reclamation of ' *- degraded or despoiled areas and natural resources .(ECL 3-0301) j. " WHEREAS, pursuant to ECL 17-0301 the Department Tias classi fied virtualIly a. ll waters. of the S. tate and has. ado_ pted' standa,rds. of purity and quality for each classification'of water; ' WHEREAS, Respondent, ,the General Electric Company ("Company") owns, operates and maintains premises and facilities for the ' (. . . ` MOAS 0S4 76 . -2- 1 manufacture of electrical equipment located in Hudson Falls and Fort Edward, New York, from which polychlorinated biphenyl compounds ("PCBs") have been for at least twenty years and continue to be discharged into the waters of the Hudson River; WHEREAS, PCBs ate toxic and deleterious substances which are a "hazard to the health of humans, fish, birds, wild fowl, marine and terrestrial mammals and other wildlife; . WHEREAS, the Hudson River, including waters and sediments,, and natural resources of the State are and will continue for many . years to be despoiled and degraded as the result of the presence of PCBs", a substantial portion of which have been discharged.by the Respondent; WHEREAS, the past and continuing dischargesof PCBs "by the Respondent into the waters of the Hudson River (a) present a hazard to human healfh and the natural resources of the State, . which is likely to have caused and to be causing irreparable damage to the Hudson River, and (b) have resulted and are likely to" continue to result in substantial injury to commercial and . recreational fishery" Interests of the State; " " ' ;-- ' ......-i WHEREAS, pursuant to the Federal Food, Drug and Cosmetic Act, the United States Food and Drug Administration ("FDA") ," Department of Health,. Education and Welfare,, has determined that PCBs are. poisonous, deleterious and persistent substances andhas established temporary tolerance levels of PCBs in food.stuffs, including fish, designed to protect human health; . MQNS oaa<*?7 -3- i WHEREAS, the Department and the United States Environmental Protection Agency have sampled various species of edible fish in the State of Hew York, including the Hudson River and specifically in the vicinity of the Respondents premises and facilities, and have found that edible fish in the Hudson River, including fish in 1 the vicinity of the Respondent's aforementioned premises and facilities exceed the PCB tolerance level established by FDA; WHEREAS, the discharge of PCBs by the Respondent into tVic , waters of the Hudson' River from point and non-point sources at . its premises and facilities located `in Hudson Falls and Fort \ . . Edward,' New York has and continues to violate ECL Section 17-0501 ..and ECL Section 17-0511,and water quality and purity standards promulgated by the Department pursuant to ECL Section 17-0301 *I (6 NYCRR Part 701), as well as ECL Section 11-0503.1, NOW, THEREFOREt having considered this matter and being duly . advised, it is ORDERED: /' .' X-. That immediately upon service of a conformed copy of this Order upon Respondent, Respondent shall cease and abate,.all discharges of PCBs into.the Hudson River ..frojn all point.' and non-point sources at its premises and' facilities located in. ~ Hudson Falls and Fort Edward, New. York in accordance with the provisions, terms and conditions of this Order-as hereinafter provided. .j __.. ' .. .1 ' II. On or after the date of service of a conformed copy of " this Order on Respondent, .the discharge of PCBs into the Hudson River ffom point and non-point sources at its premises and facilities located in Hudson Falls and Fort Edward, New York shall t. HUNS Udd<i?a -4- constltute continuing violations of this Order, as well as conti^ nuing violations of the ECL and the rules and regulations promul gated thereunder provided, however, that action for penalties for any such violation pursuant to law shall not be instituted by the * Department for so long as Respondent proceeds with, completes and complies with the provisions, terms, and conditions of Schedule A . attached hereto and incorporated herein by reference. III. All reports and submissions herein required shall be' . > made to the Director of the Division of Pure Waters of the Depart-' ' ment in Albany, New Y-prk. All time limits set forth in Schedule A shall commence on the date the conformed copy of this Order is ' ( - served upon Respondent. . t IV. To ensure compliance with this Order, duly authorized representatives of the Department shall be permiteed access to / Respondent's premises and facilities for the purpose of inspecting" . " them and for the purpose of making or such test as may . . . be deemed necessary, including sampling of discharges and receiving waters, to determine the status of compliance with the- V provisions; terms and conditions of this Order". . " ' . . __ ' . ...... V* Within 15 days, of service of a conformed copy of this ' Order upon Respondent, in order to ensure full and timely . compliance with the provisions, terms and conditions hereof, -- Respondent shall 'post or deposit with the Department a financial 1' undertaking in cash, check or other equivalent negotiable ' instrument in acceptable form or a surety bond issued by a ., MQNS 080479 - >_ ;. company licensed to do business in the State of Now York in a , ( ; form acceptable to the. Department, in the amount of Two Million Dollars ($2,000,000) on condition that upon 15 days written notice to the Respondent, said financial undertaking shall be forfeited to the Commissioner of Environmental Conservation if at any time the Respondent fails to comply in whole or in part with the provisions, terms and conditions of this Order; provided however, that the Respondent has not requested in writing and , been granted prior formal modification of said provisions, terms, and conditions by the^Commissioner; and provided further that forfeiture of said amount shall in no way prejudice the right 'of the Commissioner to institute such other and further action as he may deem necessary in order to ensure full compliance with tht{ ( terms and conditions of this Order and the provisions of the ECL and the rules and regulations promulgated thereunder. . Erovided further, however, that said financial undertaking shall be returned to the Respondent upon written request to' the Department with proof acceptable to the Department to - establish fhat the Respondent has-1 complied-fully with the ' `" provisions, terms and conditions of this Order. ' Provided further, that the amount of such financial under taking may be increased by the Commissioner as deemed appropriate in response to any relevant information, including but not ~~ limited to, the nature and extent of specific abatement programs, plans, strategies arid procedures developed pursuant to Schedule A hereof. MOMS 088480 ' -5- . VI. That the Respondent can at any time request the Commissioner of Environmental Conservation to modify the require ments of Paragraph A of Schedule A hereof on the grounds that compliance therewith is not technologically achievable and that the Respondent has made significant efforts to abate substantially or to eliminate damage to and 'degradation of the Hudson River arid the natural resources of the State caused.by its past and continuing discharges of PCBs. Upon receipt of such a request'and `` I .supporting evidence,, the Commissioner of Environmental Conservation will review the following: (i) the'technological achievability ^ of compliance; .' (ii) the nature and extent of the .. . Respondent's efforts to restore the .: . health of the Hudson River and the resources of the State so as to .. eliminate environmental contamination . ; ithereof caused by the Respondents _ . . . . . " discharges of PCBs; .':-.V (iii) . the environmental and puhlic. .'.I*,... health, effects, of any-proposed -. .. , r. modification;- .. - - : ; '(iv) alternatives to any proposed r . . modification, including closure of ' ' . Respondent's facilities, where . .' ' warrented by threatened or actual ' : damage to the public health and/or Irreparable damage to the natural resources of the State. MONS 088481 -6- Upon completing his review, and after providing the Respondent an opportunity to be fully heard, the Commissioner of Environmental Conservation will take vihatcvcr action is necessary and appropriate to protect the public interest and to sustain the environmental policies of the State. . ' ' ' VII. The provisions, terms and conditions of this Order shall be deemed to bind Respondent, its officers, directors, agents, * 'i servants, employees, successors, and assigns and all persons', firms and corporations acting under, or for it. . , ; -' . DATED: , Albany, New VbrU 1975 OGDEN REID, Commissioner New York State Department of Environmental Conservation ' . ' -1 ' . V:- --V ..s,. s .. ..-/A- ' ' * t MGNS 0884tt^ SCHEDULE A 1. The Company shall achieve within seven days of the date of this Order, a weekly overage discharge of PCBs into the waters of the Hudson River not to exceed 3 pounds per day as the total load from all its manufacturing facilities, including discharge outlets emanating therefrom, located in Fort Eduard and Hudson Falls, Hew fork. ' 2. The Company shall achieve on or before December 31, 1975, a weekly average discharge of PCBs into the waters of the Hudson River not to exceed 2 pounds per day as the total load from all . its manufacturing facilities, including discharge outlets emanating therefrom, located in Fort Edward and Hudson Falls, New York, , 3, The Company shall achieve, on or before March 31, 1976, ' v ' a weekly, average discharge of PCBs into the waters of the Hudson River, not to exceed 1 pound per day as the total load from all its manufacturing facilities, including discharge outlets emanating. therefrom, located in Fort Edward and Hudson Falls, New York. ' 6. (a) The Company shall achieve, on or before September 30, 1976, j zero discharge of PCBs into the waters of the Hudson River, from all its manufacturing facilities, including-discharge' outlet:; emanating therefrom) located .in Fort Edward and Hudson Falls, New York. ' - _ . . ' ; ' - (b) The Company shall achieve a zero discharge of PCBs into the waters of the Hudson River, from all point and non-point I* ' . sources on its premises (including bdt hot limited to loading ' ` docks, entry ways, disposal areas,' land fills, tank farms, parking MGNS uao'tti-i -2[ lots and all grounds) located in Fort Edward and Hudson Falls, New York in accordance with the abatement program to be developed pursuant to Paragraphs 7(c) and 8 heroin. 5. The Department reserves the right, pursuant to applicable provisions of law, to require that the Company achieve any more stringent limitation"on the discharge of PCBs,-or take any addition?; action- to reduce or eliminate the discharge of PCBs' from any point and/or non-point source at'its premises and facilities located-in Hudson Falls and Fort Edward, New York deemed warranted by any ' relevant information, including but not limited to: ' , (a) future effluent monitoring at the aforementioned ' premises and facilities conducted by the Company and/or the . Department, ` - ' ' (b) information indicating that the discharge of PCBs ' from the aforementioned premises and facilities, at then existing' levels, presents' an imminent danger to the health or welfare of the people of New York State or results in or is likely to result in. irreversible or irreparable damage to the natural resources of New York State; . .. ,v- . (c) the results of the;Company-abatement program,- as _ provided for herein; and-... '....' .- - rV. : : (d) the promulgation of any effluent, toxic or deleteri ous substance or water quality standard or requirement; - ' 6. (a)' ' Immediately following ^receipt of a conformed copy ' of this Order, the Company shall commence monitoring the total amount of discharges of PCBs from all point and non-point sources MONS 0B8484 *' . -3- ' . at the Company's premises and facilities located in Hudson Falls and Fort Edward, New York. , . (b) . Within fifteen (15) days of the date of this Order, the Company shall submit to the Commissioner of Environmental Conservation, for his approval, a program and.specific procedures for monitoring the total amount of discharges of PCBs from all point and non-point sources at the above described premises and facilities. The general conditions for the Company's program shall be as follows: (i) hourly samples.shall bo composited for each discharge for each twenty-four hour period in proportion to flow; (ii) the results .of the. analysis for PCBs in each composite daily sample for each week shall be submitted to the Department and the Federal Environmental Protection Agency, Region II, within ,one week of the close of the sampling period. ' 7. The Company shall submit to the Commissioner of Environ mental Conservation, for his approval, ' - ' (a) within thirty (30) dayg\of the date of this Order, an engineering report containing: specific proposals for meeting the-requirements of paragraphs "2" and "3" hereof; an implementa- J tiou plan for- each of'the steps-proposed; and, a projection, of * the reduction In discharges of PCBs attainable by each step. . MOMS 088485 'O, ( .. -4- | (ft) within ninety (90) days of the date of this Oi-der, an engineering report containing: specific proposals for achieving zero discharge of PCBs as required by paragraph "4(a)" above; an implementation plan for each of the steps proposed; and, a projec tion of the reduction in discharges of PCBs attainable by each step ' (c) within one hundred eighty (180) days of the date of this Order, on engineering report containing specific proposals for achieving zero discharge of PCBs as required by paragraph "4(b)" above; an implementation plan outlining the steps proposed; niid, a projection of the. reduction in,-discharges of PCBs attain able by each step. \ .8. Within fifteen (15) days of the'date of approval of the engineering report referred to-in subparagraph "7(a)" hereof, and within forty-five (45) days of the date of approval of the ' engineering reports referred to in subparagraphs "7(b) and 7(c)" hereof, the Company shall submit to the Commissioner of Environ mental Conservation final plans and' specifications for waste disposal, treatment and/or discharge control facilities and strategies, described in the.approved engineering report., .'"4 .9 The Company shall develop, and implement a .program, to ! be submited toand approved by. the ..Department, which shall serve to restore the health of the Hudson River and the natural resources of the' State, including waters, sediments,'vegetation, fish and othecr animals, so as to substantially abate or eliminate the . environmental contamination thereof for which the Company's past and continuing discharges of PCBs are responsible, as determined by the Department. . MGNS 0att486 I