EPA v. B.R. MCKAY & SONS

Case summary

BACKGROUND OVER THE TWO AND A HALF YEARS SPANNING LATE 1979 TO MARCH 1983, FILM RECOVERY SYSTEMS, INC. AND THE OTHER GENER- ATOR DEFENDANTS NAMED IN THE ENCLOSED COMPLAINT, WERE AT ONE TIME OR ANOTHER OPERATORS OF A SILVER RECOVERY BUSINESS AT 1855 GREENLEAF AVENUE, ELK GROVE VILLAGE, ILLINOIS. THEY USED INORGANIC CYANIDE SOLUTIONS TO STRIP SILVER COMPOUNDS FROM X-RAY AND OTHER FILM STOCKS THAT WERE SHREDDED INTO SMALL PIECES, BY PLACING THEM INTO 1000 GALLON TANKS FOR SEVERAL DAYS AT A TIME. THE RESULTING LIQUOR WAS DECANTED INTO ELECTROPLATING TANKS AND PLATED ONTO STAINLESS STEEL ELECTRODES FOR RECOVERY. THE SILVER IN THE SLUDGES GENERAT- ED WAS FURTHER RECOVERED BY SMELTING. ABOUT 65,000 POUNDS OF WASTE CHIPS WERE GENERATED EACH DAY DURING PEAK OPERA- TIONS. THE WASTE CHIPS WERE SUPPOSED TO BE TREATED WITH SODIUM HYPOCHLORITE PRIOR TO DISPOSAL, TO REDUCE THE CYANIDE PRE- SENT ON THEM TO NONREACTIVE LEVELS. AS THE BUSINESS PRO- GRESSED, A CONSCIOUS DECISION WAS APPARENTLY MADE TO REDUCE COSTS BY REDUCING THE LEVEL OF TREATMENT OF THE WASTE. AS A RESULT, THE 16 MILLION POUNDS OF CHIPS, COATED WITH UP TO 400 PPM OF CYANIDE AND 10 PPM OF SILVER, WERE ILLEGALLY GENERATED AND STORED, IN TRAILERS AND WAREHOUSES LEASED BY THE DEFENDANTS, IN COOK AND LEE COUNTIES, ILLINOIS. THE WASTES ARE CLEARLY REACTIVE UNDER 40 CFR 261, AND ALSO EP TOXIC FOR SILVER AND ARE THUS HAZARDOUS SUBSTANCES UNDER SECTION 104(14) OF CERCLA. THE STATE HAS SUED THESE AND OTHER DEFENDANTS FOR VIO- LATIONS OF STATE-ADOPTED INTERIM STATUS STANDARDS AND OTHER PROVISIONS OF STATE LAW RELATING TO GENERATION AND DISPOSAL OF HAZARDOUS WASTE. A STATE-FUNDED, $4 MILLION CLEANUP OF THE CHIPS, INCLUDING THE CONTENTS OF THE STABILIZED TRAIL- ERS, IS UNDERWAY. ISSUE INVOLVED THIS IS A STRAIGHTFORWARD ACTION TO RECOVER NECESSARY COSTS INCURRED IN DEALING WITH TRAILERS IN VARIOUS BUT GENERALLY BAD STATES OF REPAIR, WHICH CONTAINED THE FILM SHIPS. BECAUSE OF THE INVOLVEMENT OF THE STATE OF ILLINOIS, THE EQUITIES ARE NOT AS CLEAR AS THEY MIGHT BE: THE STATE ACCEPTED SOME $250,000 IN VOLUNTARY CONTRIBUTIONS FROM SEVERAL OF THE DEFENDANTS, WHICH WAS USED UP IN TREATING A SMALL PORTION OF THE CHIPS, AND WILL BE SEEKING TO RECOVER A $4 MILLION APPROPRIATION FURNISHED BY THE STATE LEGISLATURE TO CLEAN UP THE REMAINDER OF THE CHIPS. IN ANY EVENT, U.S. EPA'S EXPENDITURES WERE REASONABLE AND WELL-DOCUMENTED, AND WE ARE ENTITLED TO RECOVER THEM. EVIDENCE AND WITNESSES DEPOSITIONS AND OTHER DISCOVERY HAVE BEEN TAKEN, IN THE STATE ACTION, THAT WILL ESTABLISH THE CONNECTION OF EACH OF THE DEFENDANTS TO THE BUSINESS AS OWNERS OR GENERATORS. THE CHIPS HAVE BEEN EXTENSIVELY SAMPLED BY THE STATE AND THE U.S. EPA. EXCEPT FOR SOME 1.5 MILLION POUNDS THAT WERE TREATED BY A STATE CONTRACTOR, ALL THE CHIPS ARE HAZARDOUS WASTES, EITHER REACTIVE, OR EP TOXIC FOR SILVER. THE ON- SCENE COORDINATOR, BILL SIMES, WILL TESTIFY TO THE APPRO- PRIATENESS AND NEED FOR THE EXPENDITURES AND THE RELEASES OR THREATS OF RELEASE POSED OF THE SEVERAL SITES INVOLVED. COST RECOVERY DOCUMENTATION WILL BE USED TO ESTABLISH THE AMOUNTS EXPENDED.

Defendants (3)

• B.R. MCKAY AND SONS, INC.Named in complaintNamed in settlement
• MICHAEL MCKAYNamed in complaintNamed in settlement
• STEVEN O' NEILNamed in complaintNamed in settlement

Facilities (2)

• QUALITY COLOR GRAPHICS INCORPORATED

  1855 GREENLEAF AVE, ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110001340148

• QUALITY COLOR GRAPHICS INCORPORATED

  1855 GREENLEAF AVE, ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110001340148

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• B.R. MACKAY & SONSentered 1988-05-23

  Primary law: CERCLA

Timeline (9 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Referred To Headquarters
• 1984-11-16Referred To Dept Of Justice
• 1985-08-04Referred TO U.S. Attorney
• 1985-08-05Complaint Filed With Court
• 1988-05-23Final Order Lodged
• 1988-05-23Final Order Entered
• 1988-05-23Concluded
• 1997-09-22Enforcement Action Closed