Legal Agreement Inked Paving Way For Suffolk Superfund Site's Redevelopment: Feds

PORT JEFFERSON STATION, NY — A consent decree has been reached, ending a years-long legal tangle and paving the way for the redevelopment of the Superfund site that once housed Lawrence Aviation Industries, Inc., the U.S. Attorney's office said Monday.

The site includes an area around 125 acres off of Sheep Pasture Road with six parcels enhanced in value and sold for redevelopment by a company established by the Suffolk County Landbank Corporation, the office said.

The consent decree provides possible future uses of the property including a "regionally significant infrastructure project and an industrial park," according to the office.

Lawrence Aviation conducted titanium sheet metal manufacturing operations at the site, mostly for the aeronautics industry, from 1959 to around 2004.

The Environmental Protection Agency determined its operations resulted in releases of a number of hazardous substances and contaminants into the environment, including the known carcinogen, trichloroethene or TCE, as well as acid wastes, oils, sludge, metals, and other plant wastes, and as a result, it was placed on the Superfund National Priorities List.

The property's owners violated the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or CERCLA, which is commonly known as the Superfund statute.

The EPA conducted a number of response actions at the site, including the construction of treatment systems designed to capture, treat, and prevent further migration of TCE, in groundwater beneath the site.

The EPA has also remediated soil at the site by removing polychlorinated biphenyls, another known carcinogen, removed asbestos from buildings at the site, and installed soil vapor mitigation systems in nearby locations, which are inspected annually, and has plans to treat the groundwater to the point that the water can be used as drinking water.

After the trial, the only remaining question was the priority of claims of interest filed against the property by other federal agencies, New York State, Suffolk County,and several private parties, as well as the EPA.

The consent decree resolves this remaining issue by allocating recoveries from the sale of the property among the EPA and other claimants.

Patch has reached out for comment.

U.S. Attorney for the Eastern District Breon Peace said the settlement enables the

previously contaminated property "to be put to uses that will benefit Port Jefferson and the greater Suffolk County community."

“In the process, the EPA will recover at least some of the enormous costs expended in remediating the LAI Superfund Site and protecting our environment from hazardous substances," he said.

He expressed gratitude to the EPA for its partnership in litigating and resolving the government’s claims.

Regional Administrator Lisa Garcia said the settlement will not only recover some of the costs of cleaning up the site but also "pave the way for its redevelopment and revitalization."

"This is a win-win situation for the environment and the community of Port Jefferson Station, which will benefit from new infrastructure and economic opportunities long into the future,” she said.

To recover the EPA’s response costs, the U.S. filed suit against Lawrence Aviation and its former owner and chief executive officer, Gerald Cohen, under CERCLA, and after a trial were found liable to the EPA for $48,116,024.31 in costs and $750,000 each in penalties.

The court also found the EPA had valid liens on the property.

The site, owned by Cohen's estate, has been tax delinquent for over 20 years and, because of state law, Suffolk would be obligated to pay the taxes at the level assessed by the Town of Brookhaven — $800,000 a year to the town and local school district, Sen. Chuck Schumer's office said in January.

Property taxes for the site have not been paid since 1993.

Suffolk has floated plans for a solar panel project, as well as designating a portion of the funds to help with the electrification of the Long Island Rail Road, The Port Times Record reported in June.

In a Facebook post, County Executive Steve Bellone back in January said the funding Schumer has secured is a critical piece of the puzzle to advance the redevelopment "of our largest brownfield site."

"The time is ripe and the momentum is real to redevelop this property in a way that’s responsible and reflective of the community’s desires and needs," he said. "Today is a major win for this community and a critical step forward in putting this superfund site back to productive use."

Patch has reached out to Suffolk County for comment.