EPA v. HODGES, LLOYD L. & CITGO

Case summary

DEF. LLOYD L. HODGES & THE LLOYD L. HODGES COMP ARE ENGAGED IN DISMANTLING AN OIL REFINERY OWNED BY DEFENDENT CITIES SERVICE COMPANY (CITCO) IN EAST CHICAGO, IN. ACCORDING TO THE COMPLAINT, THE DISMANTLING OPERATIONS HAVE RELEASED LARGE QUANTITIES OF ASBESTOS, A KNOWN HUMAN CARCINOGEN, INTO THE AIR, THREATENING THE HEALTH OF WORKERS & RESIDENTS OF THE AREA. THE REFINERY IS LOCATED IN A LT IND. AREA AT THE INTERSECTION OF CLINE & CHICAGO AVENUES. SEVERAL CO.'S ARE LOCATED TO THE SOUTH OF THE SITE, & TO THE NORTH & EAST ARE RESIDENT. SECTIONS. CITCO OPERATED THE REFINERY UNTIL 1976, & CURRENTLY OPERATES AN OIL STORAGE TERMINAL AT THE FACILITY. HODGES BEGAN THE DEMOLITION IN LATE FALL OF 1976. AS PART OF THE OPERATION, HODGES DISMANTLES BUILDINGS & EQUIPMENT WHICH ARE INSULATED OR FIRE PROOFED WITH FRIABLE ASBESTOS. LRG QUANTITIES OF ASBESTOS HAVE ACCUMULATED ON-SITE. AS A RESULT OF THE ORIGINAL DEMOLITION PROCESS, APPROX. 15,000 CU FT OF ASBESTOS MAT'L REMAINED IN PILES IN AN OPEN AREA OF THE SITE. ALSO, BROKEN PIPES AND TANKS WERE FOUND SCATTERED THROUGHOUT THE SITE, MANY NOT FULLY STRIPPED OF THEIR COVERINGS. PURSUANT TO AN AGREED PRELIM ORDER, FILED SEPT 4 1980, LARGE ASBESTOS PILES WERE REMOVED FROM CITGO'S PROPERTY & THE UNDERLYING DIRT SCRAPED CLEAN IN NOV. 1980. ON AUG 17 1982, REGION V INSPECTED THE SITE & FOUND APPROX 100 ACRES COVERED WITH ASBESTOS-CONTAINING DEBRIS FROM REFINERY PIPES, CRACKING TOWERS, AND BUILDING INSULATION SCATTERED ON THE SURFACE. SEVERAL UNUSED BUILDINGS, STORAGE TANKS, AND A CRACKING TOWER WERE FOUND STILL STANDING ON THE SITE. WEATHERED AND DETERIORATING ASBESTOS-CONTAINING MATERIAL COULD ALSO BE SEEN IN AND ON THESE STRUCTURES. THE SUIT ASKS THE CT TO REQUIRE THE DEFENDANTS TO DO THE FOLLOWING (IN BRIEF): 1) CEASE STORING OR DISPOSING OF ANY ADDITIONAL ASBESTOS WASTE, & CEASE HANDLING, DISPOS- ING OF OR REMOVING ANY SOLID OR HAZD WASTE PRESENTLY ON SITE, OR ENGAGING IN ANY ACTIVITY WHICH COULD RELEASE ADDITIONAL ASBESTOS TO THE ENV, UNLESS PRIOR APPROVAL IS OBTAINED FROM THE US EPA. 2) FORMULATE & EXECUTE A PLAN SUBJECT TO EPA APPROVAL FOR THE REMOVAL OF ALL WASTE FROM THE SITE. 3) POST A BOND TO INSURE SUFFICIENT FUNDS FOR SITE CLEANUP. 4) REPORT WEEKLY TO THE EPA ON THE PROGRESS OF THE REMEDIAL EFFORT. 04-27-83: REASON OF DELAY IS PROGRESS OF CASE: A TEMP RESTRAINING ORDER WAS ENTERED IN THIS MATTER ON 8/29/80. ON 9/4/80 AN AMENDED COMPLAINT ADDING HODGE'S SON, LARRY, AS A PARTY. DEFENDANT WAS FILED AND AN AGREED PRE- LIMINARY ORDER WAS ENTERED AMONG THE US, CITGO, AND LARRY HODGES. THE AGREED ORDER REQUIRED HODGES TO SUBMIT A PLAN FOR THE REMOVAL OF ALL HAZARDOUS WASTE FROM THE SITE, TO APPLY A DUST-SUPPRESSANT WETTING AGENT TO ALL PIPES, TANKS, AND OTHER STRUCTURES WITH EXPOSED ASBESTOS INSULATION, AND TO CEASE ALL DEMOLITION ACTIVITIES UNLESS APPROVED BY EPA. CITGO WAS ENJOINED FROM INTERFERING WITH ACTIONS THAT HODGES WAS TO TAKE PURSUANT TO THE ORDER. LARRY HODGES NEVER COMPLIED W/ HIS RESPONSIBLITIES UNDER THE ORDER, AND LEFT THE JURISDICTION. CITGO SUBSEQUENTLY REMOVED THE LARGE ASBESTOS WASTE PILES TO A LICENSED LAND- FILL, BUT DECLINED TO UNDERTAKE ADDITIONAL REMEDIAL ACTIONS. EFFORTS TO MAKE CITGO DO MORE CLEANUP ON THE SITE WERE STYMIED WHEN, ON 4/16/82, A RESTRAINING ORDER WAS OBTAINED BY MOONYEEN HODGES AGAINST HODGES AND CITGO IN STATE COURT. THAT ORDER PROHIBITED HODGES AND CITGO FROM DISPOSING OF ANY PERSONAL PROPERTY, INCLUDING THE STRUCTURES AT ISSUE, AT THE CITGO FACILITY. THAT ORDER WAS LIFTED ON 4/10/83, & EPA/DOJ ARE NOW MOVING AGAINST CITGO. FUTHER REMEDIAL WORK IS NEEDED AT THE STIE TO COMPLETELY ABATE THE IMMINENT AND SUBSTANTIAL

Defendants (4)

• LLOYD L. HODGESNamed in complaintNamed in settlement
• CITIES SERVICES CO.Named in complaintNamed in settlement
• DESTRUCTO CHEMWAY CORP.Named in complaintNamed in settlement
• HODGES CO.Named in complaintNamed in settlement

Facilities (1)

• HODGES LLOYD

  4900 N CLINE AVE, EAST CHICAGO, IN, 46312

  Registry ID: 110010735605

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• HODGES, LLOYD L. & CITGOentered 1983-11-08

  Primary law: RCRA

Timeline (8 milestones)

• 1980-08-22Referred To Dept Of Justice
• 1980-08-22Referred To Headquarters
• 1980-08-25Referred TO U.S. Attorney
• 1980-08-25Complaint Filed With Court
• 1983-11-08Final Order Lodged
• 1983-11-08Final Order Entered
• 1983-11-08Concluded
• 1985-01-15Enforcement Action Closed