EPA v. JOHNS-MANVILLE WAUKEGAN FACILITY

Case summary

J-M ENTERED INTO CONSENT ORDER IN 1984 TO CONDUCT RI/FS ON THIS NPL SITE. FINAL FS COMPLETED 12/86. SPECIAL NOTICE LETTER ISSUED 1/17/87. NEGOTIATIONS UNSUCCESSFUL, MORATORI- UM PERIOD EXPIRED 5/26/87. ROD AND REFERRAL SCHEDULED FOR END OF 3RD QUARTER. ************************************************************ - EXPEDITED REFERRAL FOR FILING SUPPLEMENTAL COMPLAINT SEEK ING CERCLA SECTION 109 PENALTIES AGAINST MANVILLE SALES CORP FOR VIOLATIONS OF RD/RA CONSENT DECREE. THE REQUESTED ACTION WOULD SUPPLEMENT THE COMPLAINT AND THE CONSENT DECREE PREVIOUSLY ENTERED IN THE NORTHERN DISTRICT OF ILLINOIS, CIVIL DOCKET NO. 88 C 630 (JUDGE NORGLE). THE SUPPLEMENTAL COMPLAINT SEEKS A JUDGEMENT FOR PENALTIES IN THE AMOUNT OF $600,000, PUSUANT TO CERCLA SECTION 109, FOR VIOLATIONS OF THE CONSENT DECREE WHICH, PURSUANT TO SECTIONS 106 AND 122 OF CERCLA, REQUIRED MANVILLE TO PERFORM REMEDIAL DESIGN AND REMEDIAL ACTION AT ITS NPL - LISTED MANUFACTURING FACILITY IN WAUKEGAN, IL. - THE CONSENT DECREE WAS ENTERED ON MARCH 18, 1988, WITH U.S. EPA, THE STATE ILLINOIS AND MANVILLE AS PARTIES. PUR- SUANT TO THE DECREE, AND AFTER MUCH WRANGLING WITH MANVILLE (INCLUDING THE ASSESSMENT AND COLLECTION OF $38,000 IN STIPULATED PENALTIES), A REVISED AMENDED WORK PLAN WAS SUB- MITTED AND APPROVED BY USEPA IN NOVEMBER 1988. THE WORKPLAN WAS MADE A PART OF THE DECREE BY OPERATION OF THE DECREE. - THE SITE IS LOCATED IN WAUKEGAN, IL ADJACENT TO LAKE MICHIGAN AND THE ILLINOIS BEACH STATE PARK AND CONSISTS OF A LARGE ELEVATED AREA OF WASTE MATERIALS CONTAINING ASBESTOS. RESIDENTIAL AREAS ARE LOCATED WITHIN 1/2-MILE OF THE SITE. THE REMEDY PRIMARILY INVOLVES PLACEMENT OF A 24 INCH COVER OVER THE ASBESTOS - CONTAINING MATERIAL. THROUGHOUT NEGOTIA TIONS ON THE DECREE AND WORK PLAN, USEPA EMPHASIZED THE IM- PORTANCE OF IMPLEMENTING THE REMEDY IN A MANNER THAT MINIMIZED THE MOVEMENT OF THE ASBESTOS - CONTAINING MATERIAL SO AS TO MINIMIZE THE POTENTIAL FOR RELEASE OF ASBESTOS INTO THE AIR DURING CONSTRUCTION. THE WORKPLAN THAT WAS SUB- MITTED BY MANVILLE AND APPROVED BY USEPA REFLECTED THAT PRIN CIPLE: THE DRAWINGS SPECIFICALLY INDIATED THAT A MINIMUM AMOUNT OF MATERIAL WOULD BE MOVED PRIOR TO PLACEMENT OF THE COVER; THE DOCUMENTS CONFIRMED THAT AND SPECIFIED THAT WORK WOULD BE STOPPED IMMEDIATELY IF VISIBLE EMISSIONS OCCURRED. - IN SPITE OF ALL THIS, DURING THE FIRST 24-DAYS OF WORK, MANVILLE PROCEEDED TO LEVEL AN AREA OF THE SITE WHICH THE WORKPLAN INDICATED WAS TO REMAIN AT NEARLY THE ORIGINAL CONTOURS. THIS UNAUTHORIZED GRADING RESULTED IN THE DISTURB ANCE OF OVER 25,000 CUBIC YARDS OF OLD SLUDGE WHICH WAS KNOWN TO BECOMPOSED OF APPROX. 40% ASBESTOS IN A FRIABLE CONDITION. UPON DISCOVERING THIS VIOLATION, USEPA IMMEDIATE LY ORDERED MANVILLE TO HALT WORK. UPON IMPLEMENTATION OF NEW PROCEDURES AT THE SITE TO ENSURE THAT SUCH A VIOLATION WOULD NOT REOCCUR AND AFTER RECEIVING SATISFACTORY ASSUR- ANCES FROM MANVILLE TO THAT EFFECT, MANVILLE WAS ALLOWED TO RESUME WORK. - SECTION 109 OF CERCLA PROVIDES FOR THE IMPOSITION OF UP TO $25,000 PER DAY FOR A VIOLATION OF A CONSENT DECREE. REG ION V BELIEVES THAT DUE TO THE EGREGIOUSNESS OF MANVILLE'S CONDUCT THE MAXIMUM PENALTY OF $600,000 SHOULD BE SOUGHT. MANVILLE'S ACTIONS DEMONSTRATED A CALLOUS DISREGARD FOR THE TERMS OF THE CONSENT DECREE/WORKPLAN AND FOR THE POTENTIALLY VERY SERIOUS THREAT TO PUBLIC HEALTH AND WELFARE CAUSED BY UNNECESSARILY MOVING LARGE AMOUNTS

Defendants (1)

• MANVILLE SALES CORP.Named in complaintNamed in settlement

Facilities (1)

• JOHNS-MANVILLE CORP.

  GREENWOOD AVE, WAUKEGAN, IL, 60087

  Registry ID: 110018211282

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• JOHNS-MANVILLE WAUKEGAN FACILITY AMENDMENT FOR ADDITIONAL WORKentered 2004-12-01

  Primary law: CERCLA

• MANVILLE SALES CORP.entered 1988-03-18

  Primary law: CERCLA

Timeline (6 milestones)

• 1987-09-28Referred To Headquarters
• 1987-11-10Referred To Dept Of Justice
• 1988-02-26Complaint Filed With Court
• 2004-01-12Supplemental Referral-Other
• 2004-02-02Final Order Lodged
• 2004-12-01Final Order Entered