EPA v. ACME SOLVENT RECLAIMING, INC.

Case summary

STATUTES WHICH ARE THE BASIS FOR THE PROPOSED ACTION: SECT 104A1, A2, C1 AND SECT 107 OF CERCLA, 42 USC SECTS 9601 ET SEQ. PROPOSED RELIEF: THE RELIEF SOUGHT IS THE ENTRY OF JUDGMENT AGAINST THE DE- FENDANTS IN FAVOR OF THE UNITED FOR ALL RESPONSE COSTS INCUR RED AT AND IN CONJUNCTION WITH THE RESPONSE ACTIVITIES AT THE ACME SOLVENT RECLAIMING, INC. SITE ALONG WITH INTEREST. ALSO, WE SEEK ATTORNEY'S FEES AND COSTS AND A DECLARATORY JUDGMENT ON LIABILITY FOR RESPONSE COSTS OR DAMAGES WHICH THE U.S. MAY INCUR IN THE FUTURE. RECENT CONTACTS WITH DEFENDANTS: LETTERS DEMANDING REIMBURSEMENT FOR FUNDS EXPENDED BY U.S. EPA IN RESPONSE TO THE RELEASE AT THE ACME SITE WERE SENT TO THE DEFENDANTS ON JUNE, 1989. THEY WERE GIVEN THIRTY (30) DAYS IN WHICH TO NOTIFY USE WHETHER THEY INTENDED TO REIM- BURSE THE USEPA. TO DATE WE HAVE NOT HEARD FROM ANY OF THE RECIPIENTS. SIGNIFICANT NAT'L OR PRECEDENTIAL LEGAL/FACTUAL ISSUES: UNIQUE TO THOIS CASE IS THE AGENCY'S EFFORT TO RECOVER COSTS FOR OVERSIGHT OF A SUPPLEMENTAL SITE ASSESSMENT NECES- SITATED BY THE PRP GROUP'S UNAUTHORIZED REMOVAL OF CONTAMI- NATED SOIL. AN ARGUMENT MAY BE FASHIONED THAT BECAUSE USEPA DID NOTHING TO STOP THE UNAUTHORIZED REMOVAL, ALL COSTS WHICH ARISE DIRECTLY FROM THE REMOVAL ARE INCONSISTENT WITH THE NCP. I RECOMMEND THAT A COMPLAINT BE FILED AGAINST THE OPERATOR AND OWNERS OF ACME SOLVENT RECLAIMING, INC., AND 42 COMPA- NIES WHO ARRANGED FOR RECYCLING AND DISPOSAL OF HAZARDOUS SUBSTANCES AT THE ACME SOLVENT RECLAIMING, INC., SITE. THE ACME SOLVENT RECLAIMING, INC., SITE (THE SITE) IS LOCA TED IN RURAL WINNEBAGO COUNTY, APPROXIMATELY 5 MILES SOUTH OF THE CITY OF ROCKFORD, IL. BETWEEN 1960 AND 1972, HAZARD- OUS SUBSTANCES INCLUDING PAINTS, LAQUERS, STILL BOTTOMS AND SLUDGES WERE DISPOSED OF AT THE SITE. THE CARELESS DISPOSAL OF THESE SUBSTANCES ULTIMATELY RESULTED IN THEIR RELEASE IN- TO THE SURFACE SOIL, SUBSURFACE SOIL AND GROUNDWATER. SINCE 1972, THE IL. EPA AND THE USEPA HAVE WORKED TO EVALU ATE THE TYPE AND EXTENT OF CONTAMINATION. WE HAVE ALSO IN- CURRED COSTS ASSOCIATED WITH SCORING THE SITE FOR INCLUSION ON THE NAT'L PRIORITIES LIST, DEVELOPING A POTENTIALLY RE- SPONSIBLE PARTY (PRP) DATA BASE, NEGOTIATING WITH THE PRPS FOR THE PERFORMANCE OF A REMEDIAL DESIGN AND REMEDIAL ACTION PLAN, AND OVERSEEING THE SUPPLEMENTAL SITE ASSESSMENT UNDER- TAKEN BY A PRP GROUP. IN JUNE OF 1989, USEPA ISSUED DEMAND LETTERS TO THE OPERA- TOR, OWNERS AND COMPANIES WHO HAD DISPOSED OF HAZARDOUS SUB- STANCES AT THE SITE. TO DATE, THEY HAVE NOT PAID OR OFFERED TO PAY THE COSTS INCURRED.

Defendants (101)

• ABBOTT LABORATORIES
• G. FELSENTHAL & SON, INC.
• GENERAL COATINGS CORP.
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GODFREY MFG. CO.
• GORDON BARTELS CO.
• H.H. ROBERTSON CO.
• HARLEY-DAVIDSON CO.
• HENCHY INDUSTRIES, INC.
• HENKEL CORP.
• HENTZEN CHEMICAL COATINGS, INC.Named in complaintNamed in settlement
• HYDROSOL, INC.Named in complaintNamed in settlement
• ILLINOIS BRONZE CO.
• JAMES B. DAY & CO.Named in complaintNamed in settlement
• JOHN L. ARMITAGE & CO.
• JOHNS-MANVILLE CORP.
• JUPITER INDUSTRIES, INC.
• KEPEC CHEMICAL CORP. (MILWAUKEE)
• KEPEC CHEMICAL CORP. (OAK CREEK)
• KNARTEX COATING
• LINDBERG CORP.
• LUBRI-TECH PRODUCTS, INC.
• MACKINNEY COMPANY
• MATHERSON-SELUG CO.
• MATTHEWS PAINT CO.
• …and 76 more

Facilities (2)

• ACME SOLVENT RECLAIMING INCORPORATED

  1915 20TH AVE, ROCKFORD, IL, 61108

  Registry ID: 110000700224

• ACME SOLVENT RECLAIMING INCORPORATED

  1915 20TH AVE, ROCKFORD, IL, 61108

  Registry ID: 110000700224

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• JAMES B. DAY/ACME SOLVENTSentered 1993-08-27

  Primary law: CERCLA

• COATINGS & CHEM/ACME SOLVENTSentered 1993-08-30

  Primary law: CERCLA

Timeline (6 milestones)

• 1982-08-03Enforcement Action Data Entered
• 1989-06-21Referred To Dept Of Justice
• 1989-10-13Complaint Filed With Court
• 1993-08-30Final Order Lodged
• 1993-08-30Concluded
• 1993-08-30Final Order Entered