EPA v. ENVIRONMENTAL DYNAMICS, INC.

Case summary

BACKGROUND AND NATURE OF CASE THIS IS A PROPOSED COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA. LIQUID DYNAMICS, LOCATED AT 655 EAST 114TH STREET, CHICAGO, ILLINOIS, OPERATED AN INDUSTRIAL LIQUID WASTE TREATMENT PLANT FOR THE PERIOD SEPTEMBER 1980 THROUGH OCTOBER 1982. THE FACILITY TREATED CHEMICAL WASTES GENERA- TED BY PAINT, COATINGS, ADHESIVES, FOOD, HEALTH AND BEAUTY CARE, CHEMICAL PROCESSING, METAL FINISHING AND RELATED IN- DUSTRIES. TREATMENT CAPACITY AT THE FACILITY WAS 100,000 GALLONS PER DAY. IN JULY 1981 LIQUID DYNAMICS FILED FOR REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE. IN OCTOBER 1982 THE CHAPTER 11 PROCEEDING WAS CONVERTED TO AN INVOLUNTARY CHAPTER 7 LIQUIDATION PROCEEDING. LIQUID DYNAMICS ABANDON- ED THE FACILITY IN OCTOBER 1982. AT THE TIME OF ABANDON- MENT SEVERAL THOUSAND GALLONS OF HAZARDOUS WASTES (FLAM- MABLE, CORROSIVE AND TOXIC WASTES) WERE LEFT ON THE PREMISES IN JANUARY 1983 VANDALS GAINED ENTRANCE TO ONE OF THE FACILITY'S BUILDINGS, OPENED PROCESS EQUIPMENT AND CAUSED THE RELEASE OF THOUSANDS OF GALLONS OF SLUDGE-LIKE TOXIC WASTE ONTO THE FLOOR OF THE BUILDING. SEVERAL HUNDRED GAL- LONS OF THE WASTE SEEPED OUT OF THE BUILDING AND WERE RE- LEASED TO THE ENVIRONMENT. THE ILLINOIS ENVIRONMENTAL PRO- TECTION AGENCY TOOK RESPONSIVE ACTION TO CLEAN UP THE SPILL. IN EARLY APRIL 1983 THE SITE WAS AGAIN VANDALIZED. AS A RESULT OF THIS SECOND ACT OF VANDALISM THERE WAS PARTIAL DESTRUCTION OF THE FACILITY'S WINDOWS, DOORS, AND SECURITY \ FENCE. SYNOPSIS ENVIRONMENTAL DYNAMICS, INC., DBA LIQUID DYNAMICS OPERATED A LIQUID INDUSTRIAL WASTE TREATMENT PLANT IN SOUTH CHICAGO DURING SEPTEMBER 1980 THROUGH OCTOBER 1982. DURING THE FACILITY'S OPERATION WASTE STREAMS FROM PAINT, COATINGS, ADHESIVES, CHEMICAL AND METALS INDUSTRIES WERE ACCEPTED FOR TREATMENT AND DISPOSAL. THE SITE'S CAPACITY WAS 100,000 GALLONS PER DAY. IN JULY 1982 LIQUID DYNAMICS PETITIONED THE BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS FOR A CHAPTER 11 REORGANIZATION. IN OCTOBER 1982 THE CHAPTER 11 PROCEED- ING WAS CONVERTED TO AN INVOLUNTARY LIQUIDATION PROCEEDING UNDER CHAPTER 7. LIQUID DYNAMICS ABANDONED THE SITE IN OCTOBER 1982. IEPA CONDUCTED A POST ABANDONMENT INSPECTION AND DETERMINED THAT THE SITE CONTAINED THOUSANDS OF GALLONS OF WASTE MATERIALS (CORROSIVE, IGNITABLE AND TOXIC) IN UN- SECURED DRUMS, TANKER TRAILERS AND PROCESS EQUIPMENT. IN JANUARY 1983 VANDALS GAINED ACCESS TO THE SITE AND CAUSED THE SPILLAGE OF SEVERAL THOUSAND GALLONS OF WASTE WITHIN AND WITHOUT THE SITE'S BUILDINGS. IEPA TOOK ACTION TO CLEAN UP THE SPILLAGE AND SECURE THE SITE WITH A 24-HOUR GUARD. IEPA FUNDS FOR THE GUARD SERVICE WERE DEPLETED IN THE SPRING OF 1983 AND THE TRUSTEE IN BANKRUPTCY FOR LIQUID DYNAMICS WAS INFORMED THAT THE SITE WAS UNSECURED. THE TRUSTEE, HAVING INSUFFICIENT ASSETS IN THE DEBTOR'S ESTATE TO SECURE THE SITE, DID NOT RETAIN THE GUARD SERVICE. IN APRIL 1983 VANDALS AGAIN ENTERED THE SITE AND DESTROYED WIN- DOWS AND PROCESS EQUIPMENT. A LOCAL CITIZEN'S GROUP, CON- CERNED ABOUT THE VANDALISM AND THAT CHILDREN WERE BEING EX- POSED TO HAZARDOUS MATERIALS, REQUESTED THAT EPA INVESTI- GATE. AN EPA ON-SCENE COORDINATOR INSPECTED THE SITE, DE- TERMINED THAT THE ABANDONED PROPERTY POSED A SUBSTANTIAL RISK OF FIRE AND EXPLOSION AS WELL AS HUMAN EXPOSURE TO TOXIC WASTES, AND INITIATED AN IMMEDIATE REMOVAL UNDER SEC- TION 104 OF CERCLA. THE REMOVAL ACTION COMMENCED A

Defendants (18)

• AMERICAN WASTE PROCESSING, INC.Named in complaintNamed in settlement
• ASHLAND CHEMICAL COMPANYNamed in complaintNamed in settlement
• BRIGHTLY GALVANIZEDNamed in complaintNamed in settlement
• CHICAGO TRIBUNE CO.Named in complaintNamed in settlement
• COPPERWELD TUBING, REGAL TUBE CONamed in complaintNamed in settlement
• GENERAL TUBE CO.Named in complaintNamed in settlement
• HOWARD, H. H. CORPNamed in complaintNamed in settlement
• KAISER ALUMINUM COMPANYNamed in complaintNamed in settlement
• MID-WEST COMPANYNamed in complaintNamed in settlement
• OMC JOHNSONNamed in complaintNamed in settlement
• PANDUIT CORPNamed in complaintNamed in settlement
• ROLLINS LEASING COMPANYNamed in complaintNamed in settlement
• VERSON ALLSTEEL COMPANYNamed in complaintNamed in settlement
• WAYNE CIRCUITS INC.Named in complaintNamed in settlement
• ZENITH, RAULAND DIVISIONNamed in complaintNamed in settlement
• ACCUTRONICSNamed in complaintNamed in settlement
• ACME GALVANIZINGNamed in complaintNamed in settlement
• ALLIED TUBE & CONDUIT, INC.Named in complaintNamed in settlement

Facilities (1)

• LIQUID DYNAMICS INCORPORATED

  655 E 114TH ST, CHICAGO, IL, 60628

  Registry ID: 110000612560

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ACCUTRONIC (LIQUID DYNAMICS)entered 1985-06-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-09-29Referred To Headquarters
• 1983-12-28Referred To Dept Of Justice
• 1984-09-28Complaint Filed With Court
• 1985-06-27Final Order Lodged
• 1985-06-27Final Order Entered
• 1985-06-27Concluded
• 1995-09-15Enforcement Action Closed