EPA v. CROSS BROTHERS - JAMES

Case summary

THIS PROPOSED CIVIL ACTION INVOLVES THE CROSS BROTHER'S PAIL RECYCLING FACILITY LOCATED IN PEMBROKE TOWNSHIP, KANKAKEE COUNTY, ILLINOIS. THE FACILITY WAS OPERATED BY JAMES AND ABNER CROSS FROM APPROX. 1961 THROUGH 1980 AS A BARREL AND PAIL RECLAMATION FACILITY. THE FACILITY IS LOCATED ON AP- PROX. 20 ACRES IN RURAL KANKAKEE OWNED BY THE CROSS BROTHERS AND USED FOR THEIR RECLAMATION OPERATION. - THE OPERATION ITSELF WAS EXTREMELY HAPHAZARD, RESULTING IN THE RELEASE OF GREAT QUANTITIES OF HAZARDOUS SUBSTANCES TO THE ENVIRONMENT. IT WAS THE PRACTICE OF THE CROSS BROTHERS TO BRING BARRELS AND OTHER CONTAINERS CONTAINING HAZARDOUS SUBSTANCES TO THE FACILITY WHERE THEY WOULD BE OVERTURNED TO EMPTY THE CONTENTS ONTO THE GROUND. THE CONTAINERS WOULD THEN BE PARTIALLY FILLED WITH SOLVENTS FOR THE PURPOSE OF DI SSOLVING ANY REMAINING RESIDUE. THIS MIXTURE WOULD THEN BE DUMPED ON THE GROUND OR WOULD BE IGNITED AND ALLOWED TO BURN OUT ANY REMAINING RESIDUE. FOLLOWING THE DUMPING AND BURN- ING PROCESS THE BARRELS AND CONTAINERS WOULD BE SANDBLASTED, REPAINTED AND SOLD. OVER THE YEARS OF OPERATION, THIS PRO- CESS RESULTED IN THE INDISCRIMINATE RELEASE OF A GREAT A- MOUNT OF HAZARDOUS SUBSTANCES TO THE ENVIRONMENT. - MANY BARRELS AND CONTAINERS WHICH WERE NOT CAPABLE OF RECON- DITIONING WERE BURIED ON SITE IN ANY OF APPROX. 10 TRENCHES WHICH WERE DUG FOR THAT PURPOSE. - THE STATE OF ILLINOIS, ACTING IN ACCORDANCE WITH COOPERA- TIVE AGREEMENT WITH THE EPA, CONDUCTED A REMEDIAL INVESTIGA- TION AND FEASIBILITY STUDY (RIFS). FOLLOWING THE RIFS AND BASED ON THE ENVIROMENTAL THREAT POSED BY THE SITE, THE STATE OF ILLINOIS UNDERTOOK SEVERAL INITIAL REMEDIAL MEA- SURES (IRM): EXCAVATION AND REMOVAL OF MATERIAL FROM THE TRENCHES, SOME SURFACE SOIL CLEANUP, AND REMOVAL OF BARRELS AND CONTAINERS FROM THE SURFACE. THE RIFS WAS FUNDED IN PART BY EPA, BUT THE IRMS WERE UNDERTAKEN ENTIRELY WITH STATE FUNDS. - A SECOND STUDY, REFERRED TO AS A HYDROGEOLOGIC INVESTIGATION AND FEASIBILITY STUDY (HIFS), FOCUSING ON THE CONTAMINATION OF THE GROUND WATER, HAS BEEN UNDERWAY AND IS NEARING COM- PLETION. THAT STUDY, IN CONNECTION WOTH THE EARLIER STUDY, SHOULD ENABLE THE AGENCY TO SELECT THE FINAL REMEDY FOR THE SITE. BOTH STUDIES WERE FUNDED IN PART BY EPA. - THE RESPONSE COSTS INCURRED BY THE EPA TO DATE ARE APPROX. $1,153,000. - CAUSE OF ACTION THE AGENCY RECOMMENDS THAT A CIVIL ACTION BE FILED UNDER SECTIONS 104 AND 107 OF CERCLA, 42 USC 9604 AND 9607, SEEK- ING REIMBURSEMENT TO THE HAZARDOUS SUBSTANCE RESPONSE TRUST FUND IN AN AMOUNT EQUAL TO ALL THE RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE CROSS BROTHERS' FACILITY. - THERE APPEAR TO BE A NUMBER OF POTENTIALLY RESPONSIBLE PARTIES (PRPS) IN THIS MATTER. CERTAINLY JAMES CROSS, THE Q OWNER AND OPERATOR OF THE BUSINESS IS A PRP. ABNER CROSS, A PAST OWNER AND COMPANIES WHOSE HAZARDOUS SUBSTANCES WERE TRANSPORTED TO THE FACILITY AND WERE ULTIMATELY RELEASED TO THE ENVIRONMENT. HOWEVER, THE RECORDS MAINTAINED BY THE CROSS BROTHERS ARE VERY INCOMPLETE, AND MAY PRESENT PROOF PROBLEMS AS TO SOME OF THE POTENTIAL GENERATORS. THERE IS CONVINCING DOCUMENTARY EVIDENCE AGAINST OTHER GENERATOR DE- FENDANTS, HOWEVER. -

Defendants (24)

• SPECIALTY COATINGS COMPANYNamed in complaintNamed in settlement
• STEEL CONTAINER CORP.
• A & B CONTAINER CORP.Named in complaintNamed in settlement
• ACME PRINTING INK COMPANY
• ALCAN ALUMINUM CORP.
• ALCAN ALUMINUM CORP. (CLEVELAND)
• GRAPHIC COLOR COMPANY
• INMONT CORP. / BASFNamed in complaintNamed in settlement
• JOURNAL COMMUNICATIONS INC.
• KRUEGER RINGIER INC.Named in complaintNamed in settlement
• MARTIN SENOUR CORPORATION
• REICHOLD CHEMICALS
• ROBERTS & PORTER
• SHERWIN-WILLIAMS COMPANYNamed in complaintNamed in settlement
• BAGCRAFT CORPORATION OF AMERICA
• CENTRAL SOLVENTS AND CHEMICAL CO.
• CONTAINER CORPORATION OF AMERICA
• CROSS, ABNER
• CROSS, JAMESNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS
• FREDRICK H. LEVEY CO.Named in complaintNamed in settlement
• GLIDDEN COATINGS & RESINS / SCM CORP.Named in complaintNamed in settlement
• SUN CHEMICAL CORPORATION
• UNITED COATINGS INCORPORATED

Facilities (2)

• CROSS BROTHERS PAIL RECYCLING (PEMBROKE)

  ADDRESS UNREPORTED, PEMBROKE TOWNSHIP, IL, 60944

  Registry ID: 110009283685

• CROSS BROTHERS PAIL RECYCLING (PEMBROKE)

  ADDRESS UNREPORTED, PEMBROKE TOWNSHIP, IL, 60944

  Registry ID: 110009283685

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CROSS BROTHERS - JAMESentered 1994-05-06

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-11-30Enforcement Action Data Entered
• 1989-07-14Referred To Dept Of Justice
• 1989-10-16Complaint Filed With Court
• 1994-05-06Final Order Lodged
• 1994-05-06Final Order Entered
• 1994-05-06Concluded
• 1994-07-13Enforcement Action Closed