EPA v. U.S. SCRAP

Case summary

NAT'L PRIORITIES LIST WHEN THE NEW HAZARD RANKING SYSTEM IS ISSUED, THIS ACTION ALSO SEEKS A DECLARATORY JUDGMENT ON LIA BILITY FOR ANY FUTURE COST EXPENDED AT THE SITE. EMERGENCY REMOVAL COMPLETED IN JULY 1986. EXPANDED SITE INVESTIGATION COMPLETED FALL 1987. PRP SEARCH STILL BEING CONDUCTED. THE PURPOSE IS THE FILING OF A CIVIL ACTION TO RECOVER GOVERNMENT RESPONSE COSTS UNDER SECT 107 OF CERCLA, 42 USC SECT 9601 ET SEQ., AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499, 100 STAT. 1613 (1986) (SARA). NATURE OF THE CASE: THIS PROPOSED COST RECOVERY CASE CONCERNS THE U.S. SCRAP SITE LOCATED ON THE SOUTH SITE OF CHGO., IL. THE SITE OPERA TED AS AN INDUSTRIAL CHEMICAL WASTE RECEIVER BETWEEN 1965 AND 1975. DURING THIS PERIOD, THE OPERATOR TOOK LIQUID AND DRY WASTES FROM OVER 200 AREA GENERATORS AND DISPOSED OF THEM IN LAGOONS, OLD GRAIN SILOS, PITS, AS WELL AS ONTO THE GROUND OF THE SITE. OPERATIONS AT THE SITE CEASED IN 1975, WHEN THE SITE OPERATOR ENCOUNTERED FINANCIAL DIFFICULTIES. FROM 1973 TO 1975 HE DISPOSED OF WASTES AT BOTH THE U.S. SCRAP SITE AND A RELATED SITE, NINTH AVE. DUMP IN GARY, IN. EXCEPT FOR SCORING THE SITE UNDER THE HAZARD RANKING SYS- TEM IN 1982, THE U.S. SCRAP SITE FIRST CAME TO THE ATTENTION OF THE USEPA ON AUGUST 16, 1985, WHEN THE IEPA REQUESTED AS- SISTANCE IN EXTINGUISHING A LANDFILL FIRE ON THE SITE. THE USEPA INITIATED AN EMERGENCY RESPONSE ACTION, WHICH INVOLVED EXTINGUISHING THE FIRE AND EXCAVATING AND REMOVING HEAVILY CONTAMINATED SOIL AND DRUMMED WASTES FROM A RAILROAD EMBANK- MENT ON THE SITE. EMERGENCY RESPONSE ACTIVITIES WERE CONCLU DED ON JULY 25, 1986. BECAUSE THE EMERGENCY RESPONSE ACTION ADDRESSED ONLY A FRACTION OF THE WASTES BURIED ON THE SITE, A SPECIAL STUDY/ EXPANDED SITE INSPECTION WAS INITIATED ON THE SITE IN NOVEM- BER 1986, FOR THE PURPOSE OF DETERMINING THE NATURE AND EX- TENT OF CONTAMINATION. THE FINAL REPORT FOR THIS STUDY IS` EXPECTED IN THE SUMMER OF 1989. CAUSE OF ACTION: USEPA SEEKS THE RECOVERY OF APPROXIMATELY $1.512 MILLION EXPENDED AT THE SITE PURSUANT TO SECT 107 OF CERCLA, 42 USC SECT 9607 (WITH AN OFFSET OF $625,000 COLLECTED FROM ALLIS CHALMERS, ONE OF THE GENERATORS, AS A RESULT OF A BANKRUPTCY SETTLEMENT). THE RECOMMENDED DEFENDANTS INCLUDE ONLY TWENTY EIGHT GENERATORS OF HAZARDOUS SUBSTANCES TAKEN TO THE SITE. THESE TWENTY-EIGHT HAVE BEEN CARVED OUT BECAUSE RESOURCE LI- MITATIONS PROHIBIT SUING ALL 201 POTENTIAL DEFENDANTS. THESE TWENTY-EIGHT HAVE SIGNIFICANT EVIDENCE LINKING THEM TO THE SITE AND ARE NOT COMMITTED TO COMPLYING WITH THE UNILATERAL ADMINISTRATIVE ORDER ISSUED IN CONNECTION WITH THE RELATED NINTH AVE. DUMP SITE. THE STATUTE OF LIMITATIONS FOR THE EMERGENCY RESPONSE ACTION (APPROXIMATELY $1 MILLION) IS JULY 25, 1989. PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE USEPA IN CONNECTION WITH THE EMERGENCY RESPONSE ACTION AND SPECIAL STUDY/EXPANDED SITE INSPECTION. BECAUSE THE SITE MAY BE RESCORED FOR THE

Defendants (15)

• COLLIS COMPANYNamed in complaintNamed in settlement
• CONTAINER CORPORATION OF AMERICANamed in complaintNamed in settlement
• DEMERT & DOUGHERTY, INC.Named in complaintNamed in settlement
• DEPARTMENT OF ARMYNamed in complaintNamed in settlement
• LTV STEEL COMPANYNamed in complaintNamed in settlement
• NATIONAL PRECISION CIRCUITS & ELECTRONICNamed in complaintNamed in settlement
• PIERCE & STEVENS CHEMICAL COMPANYNamed in complaintNamed in settlement
• PRECISION TWIST DRILL COMPANYNamed in complaintNamed in settlement
• STANDARD T. CHEMICAL COMPANY, INC.Named in complaintNamed in settlement
• THE GLIDDEN COMPANYNamed in complaintNamed in settlement
• U.S. SCRAP
• USX CORPORATIONNamed in complaintNamed in settlement
• VENICULUM, INC.Named in complaintNamed in settlement
• WYMAN GORDON COMPANYNamed in complaintNamed in settlement
• BRIGHTLY GALVANIZED PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• US SCRAP

  123RD & COTTAGE GROVE AVE, CHICAGO, IL, 60628

  Registry ID: 110010737658

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• STANDARD T. CHEMICAL CO, ET ALentered 1992-03-20

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-03-29Referred To Dept Of Justice
• 1989-07-25Complaint Filed With Court
• 1992-03-20Final Order Lodged
• 1992-03-20Final Order Entered
• 1992-03-20Concluded
• 1997-08-28Enforcement Action Data Entered