Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 1 of 6 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NEW YORK
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`SOUTH FARMINGDALE WATER
`DISTRICT,
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`Plaintiff,
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`-against-
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`UNITED STATES OF AMERICA, and
`DEPARTMENT OF THE NAVY
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`Defendants.
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`Complaint for a Civil Case
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`Case No.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NEW YORK
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`SOUTH FARMINGDALE WATER
`DISTRICT,
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`Plaintiff,
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`-against-
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`UNITED STATES OF AMERICA, and
`DEPARTMENT OF THE NAVY
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`Defendants.
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`Complaint for a Civil Case
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`Case No.
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`Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 2 of 6 PageID #: 2
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`Nature of the Action
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`1.
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`This is an action brought pursuant to the Comprehensive Environmental Response,
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`Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§9601-9675 (“CERCLA”).
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`Plaintiff South Farmingdale Water District (“SFWD”) seeks recovery against defendants United
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`States of America and the United States Department of the Navy (“Navy”), in their capacities as
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`prior owners and/or operators, of response costs incurred and to be incurred in connection with the
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`disposal and release of hazardous substance(s) at or from the Naval Weapons Industrial Reserve
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`Plant, located on approximately 105 acres in Bethpage, New York, in the east-central Nassau
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`County near the intersection of South Oyster Bay Road and the Long Island Railroad tracks
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`(hereinafter referred to as the “Site”). The Site is contiguous to approximately 605 acres of property
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`also located in Bethpage, New York that is owned, or formerly owned, by Northrop Grumman
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`Corporation a/k/a Northrop Grumman Systems Corporation, and/or its predecessors in interest.
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`Hazardous substance(s) released and disposed of at the Site during the time the defendants owned
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`and/or operated the Site threaten public water supply wells owned and operated by Plaintiff.
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`Jurisdiction and Venue
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`2.
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`The Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 42 U.S.C. §§ 9607(a) and 9613(b).
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`3.
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`The Court has authority to issue a declaratory judgment concerning the rights and
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`liabilities of the parties pursuant to 42 U.S.C. § 9613(b).
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`4.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1391 and 42 U.S.C.
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`§ 9613(b) because the Site is located in this district and the disposal and release of the hazardous
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`substances occurred in this district. In addition, the defendants conduct and/or have conducted
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`business in this district.
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`Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 3 of 6 PageID #: 3
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`The Parties
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`5.
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`The plaintiff is a “person”, as that term is defined in Section 101(21) of CERCLA,
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`42 U.S.C. §9601(21), that has incurred and continues to incur necessary costs of “response”, as
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`defined in Section 101(25) of CERCLA, 42 U.S.C. § 9601(25).
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`6.
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`Plaintiff SFWD is a municipal corporation located at 40 Langdon Road,
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`Farmingdale, New York, that provides potable water to customers located within its district.
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`7.
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`The defendants are the United States of America, and the Navy, which is a
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`department of the United States that previously owned and/or operated the Site.
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`8.
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`Both of the defendants are a “person” as that term is defined in Section 101(21) of
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`CERCLA, 42 U.S.C. § 9601(21).
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`Factual Background and Allegations
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`9.
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`SFWD owns and operates public water supply wells and associated facilities and
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`equipment, including SFWD Plant Nos 3 and 6, public supply wells 3-1 and 6-2.
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`10.
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`From approximately 1933 to 1998, the Navy owned and/or operated the Site and
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`certain volatile organic compounds were disposed of and/or released at the Site during that time.
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`11.
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`Some of the volatile organic compounds released at the Site are “hazardous
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`substances” within the meaning of CERCLA, 42 U.S.C. § 9601(14). These include including 1,4-
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`dioxane and 1,1,1-trichloroethane (commonly referred to as TCA).
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`12. Without appropriate treatment and/or replacement, the volatile organic compounds
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`released at and migrating from the Site has and will continue to contaminate the SFWD’s public
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`supply wells 3-1 and 6-2.
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`13.
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`In response to defendants’ release of hazardous substances at the Site, plaintiff has
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`incurred, and will continue to incur, treatment, monitoring and assessment costs in an effort to
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`Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 4 of 6 PageID #: 4
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`protect its water supply, and will incur additional costs to design, construct, install and maintain
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`treatment facilities adequate to address hazardous substances that emanate from the Site.
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`FIRST CLAIM FOR RELIEF
`(CERCLA RESPONSE COST)
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`14.
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`15.
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`Plaintiff repeats and realleges the allegations contained herein.
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`Defendants were, at the time when hazardous substances were disposed of and/or
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`released at the Site, the “owner” and/or “operator” of the Site within the meaning of Sections
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`101(20)(A) and 107(a)(2) of CERCLA, 42 U.S.C. §§ 9601(20(A), 9607(a)(2).
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`16.
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`The Site is a “facility” within the meaning of section 101 (9) of CECLA, 42 U.S.C.
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`§ 9601(9).
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`17.
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`The acts and/or omissions of defendants with regard to the volatile organic
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`compounds used at the Site constituted a “release” and “disposal” of “hazardous substances” at or
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`from the Site within the meaning of Sections 101(14) and (22) and 107(a)(2) of CERCLA, 42
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`U.S.C. §§ 9601(14) and (22), 9607(a)(2).
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`18.
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`The costs incurred by plaintiff in connection with the defendants’ disposal and/or
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`release of hazardous substances at and from the Site were necessary and reasonable and incurred
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`in a manner consistent with the federal National Contingency Plan.
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`19.
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` The defendants are strictly liable, on a joint and several basis, as owners and/or
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`operators of the Site, under Section 107(a)(2) of CERCLA, 42 U.S.C. §§ 9607(a)(2), for all costs
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`incurred and to be incurred by plaintiff in response to the disposal and/or release of hazardous
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`substances at and from the Site.
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`Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 5 of 6 PageID #: 5
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`SECOND CLAIM FOR RELIEF
`(DECLARATORY RELIEF)
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`20.
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`Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 19
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`above.
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`21.
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` An actual, substantial legal controversy now exists between plaintiffs and
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`defendants, in that plaintiffs contend that defendants are liable to plaintiffs for cost recovery under
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`CERCLA Section 107(a) for response costs incurred and to be incurred, in connection with
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`hazardous substances releases at and emanating from the Site. Defendants contest this liability.
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`22.
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`A declaration of the rights and obligations of the parties pursuant to 42 U.S.C.
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`§ 9613(g)(2), binding in any subsequent action or actions to recover all further response costs by
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`plaintiff, is appropriate and in the interests of justice in that an early determination of this
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`controversy will avoid multiplicity of litigation and will provide assurance that plaintiff will be
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`reimbursed so they will be able to take appropriate response actions to continue to protect the
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`public water supply.
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`Prayer for Relief
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`WHEREFORE, plaintiff prays for judgment against the defendants;
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`A.
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`Awarding plaintiff’s response costs pursuant to CERCLA plus such response costs
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`as plaintiff may be required to incur in the future, including interest;
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`B.
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`Declaring that the defendants are liable to plaintiff for the necessary environmental
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`response costs incurred and to be incurred in the future in connection with the disposal and/or
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`release of hazardous substances at and from the Site;
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`Awarding interests, costs and disbursements of this action; and
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`Granting plaintiff such other relief as the Court deems just and proper.
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`C.
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`D.
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`Case 2:22-cv-02051-KAM-ST Document 1 Filed 04/11/22 Page 6 of 6 PageID #: 6
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`Dated: April 11, 2022
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`Respectfully submitted,
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`/s/ Matthew K. Edling
`Matthew K. Edling
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`MATTHEW K. EDLING
`matt@sheredling.com
`SHER EDLING LLP
`100 Montgomery St. Suite 1410
`San Francisco, CA 94104
`Tel: (628) 231-2500
`Fax: (628) 231-2929
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`Attorneys for Plaintiff
`South Farmingdale Water District
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`5
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