New York State’s Department of Environmental Conservation (DEC) filed with the U.S. Bankruptcy Court a notice of GenOn Energy’s environmental obligations.
DEC asserts, “DEC is responsible for overseeing compliance and enforcing state and federal environmental laws….Those laws include the New York State Environmental Conservation Law (‘ECL’), the New York State Navigation Law, the Resource Conservation and Recovery Act, 42 U.S.C. sections 9601-6992k (‘RCRA’), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (‘CERCLA’), the Federal Water Pollution Control Act, 33 U.S.C. sections 1251-1387 (the ‘Clean Water Act’), and the Clean Air Act, 42 U.S.C. sections 7401-7671q, including the regulations promulgated thereunder. Pursuant to this responsibility, DEC has issued numerous regulatory instruments to Debtors governing their operations in New York, principally concerning the operation at its facilities commonly known as NRG Huntley, NRG Dunkirk, NRG Lovett NY and Mirant Lovett LLC. Those regulatory instruments require Debtors to meet ongoing compliance requirements and where necessary to remediate, investigate, eliminate, ameliorate, mitigate, monitor, and report ongoing pollution and contamination that poses a threat to public health and the environment on sites owned or operated by Debtors, including property adjacent thereto.”
In addition, “Debtors will be responsible for complying with all requirements imposed by the regulatory instruments, including any and all financial assurances, bonds, suretyships, environmental regulatory fees, and the applicable laws and regulations for the proper decommissioning, closure, and post-closure care of installations, facilities and equipment….DEC hereby provides notice that it is the responsibility of Debtors, and any successor, purchaser or transferee of Debtors, to ascertain and comply with all applicable and relevant environmental obligations.”
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