EPA v. OUTBOARD MARINE CORP

Case summary

(SITE IS ON NPL LIST) IN THE US DIST COURT FOR THE N DIST OF IL, E DIV. USA VS. OUTBOARD MARINE CORP VS. MONSANTO CO. NO. 78 C 1004. OMC OWNS & OPERATES THE JOHNSON OUTBOARDS DIV FACILITY, WHICH MANUFACTURES OB MOTORS & THEIR COMPONENT PARTS IN WAUKEGAN, IL, WITHIN THE N DIST OF IL. FROM APPROX. 1959 UNTIL 1972, OMC EMPLOYED IN ITS JOHNSON OUTBOARDS FACILITY A HYDRAULIC FLUID COMPOSED OF VARYING PERCENTAGES OF PCB'S, TOXIC CHEM MIXTURES WHICH ARE HEAT & FLAME RESISTANT. LRG PORTIONS OF THE LEAKS & SPILLS INCIDENT TO THE USE OF THESE CHEMICALS IN A NON-ENCLOSED HYDRAULIC SYSTEM WERE ROUTED TO OMC'S WASTEWATER COLLECTION & DISCHARGE SYS. AS A RESULT, THE EFFLUENT DISCHARGED FROM OMC'S FACILITY CARRIED LRG AMTS OF PCB'S INTO NORTH DITCH, WAUKEGAN HARBOR, & LAKE MICHIGAN. FROM AT LEAST 1959 UNTIL AT LEAST 1972, MONSANTO MANUFACTURED & SOLD TO OMC FOR USE AT ITS WAUKEGAN FAC HYDRAULIC FLUIDS WHICH IT KNEW WERE COMPOSED OF VARYING PERCENTAGES OF PCB'S. BASED UPON INFO & BELIEF, MONSANTO WAS THE SOLE SOURCE OF ALL PCB-BEARING HYDRAULIC FLUIDS PRCHSED BY OMC FOR USE AT ITS WAUKEGAN, IL, FACILITY. DISCHARGE OF THESE LRG AMNTS OF PCB'S FROM AT LEAST 1959/PRESENT IN THE OMC WAUKEGAN FAC WASTE & STORM WATER EFFLUENT HAS RESULTED IN SEVERE CONTAM OF WATERS, BIOTA, & SED IN N DITCH, WAUKEGAN HARBOR, & LAKE MICHIGAN, AS WELL AS G.WATER UNDERLYING & ADJ. TO OUTBOARD MARINE'S FAC, & CERTAIN PORTIONS OF SOILS ON OMC'S FAC. IN SOME PLACES, PCB COMPRISES AS MUCH AS 25% OF THE SEDIMENTS. LITIGATION PLAN: 11/20/82:REGN FORWARDED DRAFT ACTION MEMO, CONTRACT W/ IL, DESCRIPTION OF WORK, EIS & HEALTH RISK ASSESSMENT FOR SUPERFUND FUNDING OF FEASIBILITY STUDY; NO POLICY DECISION REQUESTED YET FROM OSWER, BUT IF DEF'S MAKE COUNTEROFFER WE WILL REQUEST DETERMINATION OF ACCEPTABILITY OF ENCAPSULATION . SMALL NEG SESSION PLANNED W/OMC NOT MANSANTO BUT INCLUD- ING IL, HOPEFULLY IN MID-DEC. LIS STEIN TO PREPARE RESPONSE TO MOTIONS TO RECONSIDER CT'S OPINIONS.

Defendants (2)

• MONSANTO COMPANYNamed in complaint
• OUTBOARD MARINE CORPORATIONNamed in complaint

Facilities (1)

• OUTBOARD MARINE CORPORATION

  200 SEAHORSE DRIVE, WAUKEGAN, IL, 60085

  Registry ID: 110001815368

Statutes cited

• CWA CWA — Clean Water Act
• CERCLA CERCLA — Superfund

Timeline (6 milestones)

• 1978-02-06Referred To Headquarters
• 1978-02-23Referred To Dept Of Justice
• 1978-03-15Referred TO U.S. Attorney
• 1978-03-17Complaint Filed With Court
• 1985-02-26Concluded
• 1985-02-26Enforcement Action Closed