United States v. Hooker Chemicals & Plastics Corp.

CURTIN, Chief Judge.

I

This case concerns the present and potential dangers caused by the presence of toxic substances in an eight-acre chemical dump site known as the S-Area Landfill. The S-Area is located in the City of Niagara Falls, New York, near the Niagara River and adjacent to the Niagara Falls Drinking Water Treatment Plant. The United States commenced this action in December, 1979, under the “imminent hazard” and “emergency” provisions of the Safe Drinking Water Act (42 U.S.C. § 300i), the Resource Conservation and Recovery Act (42 U.S.C. § 6973), and the Clean Water Act (33 U.S.C. §…