EPA v. HIXON SPECIALIST PLATING CO.

Case summary

NATURE OF THE CASE ON OCTOBER 28, 1982, THE ENVIRONMENTAL SERVICES DIVI- SION OF U.S. EPA, REGION V COMMENCED AN EMERGENCY RESPONSE ACTION AT THE HIXON PLATING FACILITY IN BUSHNELL, ILLINOIS, TO REMOVE HAZARDOUS PLATING WASTES FROM AN ABANDONED FACILI- TY. GERALD J. HIXON, OWNER AND OPERATOR OF THE PLATING FACILITY, ABANDONED THE SITE IN OCTOBER, 1982, FOLLOWING THE LIQUIDATION OF THE FACILITY'S ASSETS. EMERGENCY ACTION WAS TAKEN TO PREVENT DETERIORATING DRUMS OF CYANIDE WASTE FROM MIXING WITH ACIDS LEFT AT THE SITE. MIXTURE OF THE CYANIDE AND ACID WASTE WOULD RESULT IN THE FORMATION OF DEADLY HYDROGEN CYANIDE GAS. GERALD J. HIXON OWNED THE PROPERTY UNDER A LAND SALES CONTRACT WITH FREDERICK AND ERNA PAYNE AT THE TIME OF THE EMERGENCY RESPONSE. MR. HIXON DEFAULTED ON THE LAND SALES CONTRACT IN LATE 1982. THEREAFTER, MR. AND MRS. PAYNE RE- GAINED THEIR FULL INTEREST IN THE PROPERTY PURSUANT TO A QUIT CLAIM DEED FROM HIXON. MR. AND MRS. PAYNE WERE NOT INVOLVED IN THE PLATING OPERATION. MR. PAYNE WAS THE PER- SON WHO REPORTED THE ABANDONED WASTE TO THE LOCAL AUTHORI- TIES. THE PAYNES ARE AN ELDERLY COUPLE WHO ARE REPORTEDLY ON SOCIAL SECURITY. AT THE TIME OF THE EMERGENCY RESPONSE THE BANK OF BUSHNELL HELD THE KEY TO THE PLATING FACILITY AS A CREDITOR OF GERALD HIXON'S. GERALD HIXON, FREDERICK PAYNE AND THE BANK OF BUSHNELL WERE GIVEN ORAL NOTICE OF THE REMOVAL ACTION AND AN OPPOR- TUNITY TO RESPOND WITHIN TWENTYFOUR HOURS OF NOTIFICATION. ALL OF THEM DECLINED TO UNDERTAKE THE REMOVAL MEASURES. WRITTEN CONFIRMATION OF THE ORAL NOTIFICATIONS WERE DE- LIVERED TO ALL OF THE PARTIES. ON-SCENE-COORDINATOR JACK BRAUN DETERMINED THAT THE CONTINUED PRESENCE OF THE HAZARDOUS SUBSTANCES ON THE SITE WAS A THREATENED RELEASE OF A HAZARDOUS SUBSTANCE UNDER CERCLA. REMOVAL OF THE WASTES FROM THE BUILDINGS COMMENCED ON OCTOBER 30, 1982 AND REMOVAL OPERATIONS WERE COMPLETED ON NOVEMBER 2, 1982, USING CERCLA FUNDS. THE TOTAL COST OF REMOVAL WAS APPROXIMATELY $43,000.00. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THERE ARE NOT ISSUES OF NATIONAL OR PRECEDENTIAL SIG- NIFICANCE OTHER THAN THAT THIS IS AMONG THE FIRST FEW COST RECOVERY ACTIONS TO BE BROUGHT UNDER CERCLA. CASE DEVELOPMENT PROCESS SINCE THIS WAS AN EMERGENCY REMOVAL PROJECT, THE NOR- MAL CASE DEVELOPMENT PROCESS WAS NOT FOLLOWED. ATTORNEYS FROM HEADQUARTERS AND THE DEPARTMENT OF JUSTICE SHOULD BE ASSIGNED TO THIS MATTER ACCORDINGLY.

Defendants (1)

• HIXON, GERALDNamed in complaintNamed in settlement

Facilities (1)

• HIXON PLATING CO

  700 E OSBORNE, BUSHNELL, IL, 61422

  Registry ID: 110005852979

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• HIXON SPECIALIST PLATING CO.entered 1985-09-23

  Primary law: CERCLA

Timeline (9 milestones)

• 1983-09-14Referred To Headquarters
• 1984-06-12Referred To Dept Of Justice
• 1984-06-12Returned To Region
• 1984-06-24Rereferred
• 1984-09-28Complaint Filed With Court
• 1985-09-23Final Order Lodged
• 1985-09-23Final Order Entered
• 1985-09-23Concluded
• 1985-09-23Enforcement Action Closed