EPA v. OUTBOARD MARINE CORP.

Case summary

TY, AND CERTAIN PORTIONS OF THE SOIL ON THE WAUKEGAN FACI- LITY. THIS IS A CIVIL ACTION ASSERTING CLAIMS AGAINST DEFENDANT, OUTBOARD MARINE CORP. ( OMC ), PURSUANT TO SECT 104 AND 107 OF CERCLA, AND LIABILITY ACT OR 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 ( CER- CLA ), 42 USC SS9604 AND 9607. IN THIS ACTION, THE U.S. SEEKS REIMBURSEMENT OF RESPONSE COSTS INCURRED AND TO BE IN- CURRED BY THE U.S. IN RESPONSE TO THE RELEASE OR THREAT OF RELEASE OF POLYCHLORINATED BIPHENYLS ( PCB ) AT AND FROM A FACILITY OWNED AND OPERATED BY OMC AND LOCATED AT 100 SEA- HORSE DR. IN WAUKEGAN, IL (THE WAUKEGAN FACILITY ). IN AD- DITION, THE U.S. SEEKS DAMAGES FOR INJURIES TO NATUREL RE- SOURCES CAUSED BY RELEASES FROM THE WAUKEGAN FACILITY. OMC IS A CORP. ORGANIZED AND EXISTING UNDER THE LAWS OF DELAWARE. OMCE OWNS AND OPERATES THE JOHNSON OUTBOARDS DIV. WHICH MANUFACTURES OUTBOARD MOTORS AND THEIR COMPONENT PARTS AT THE WAUKEGAN FACILITY. OMC DISCHARGED AND DISCHARGES PROCESS WATER, NON-CONTACT COOLING WATER, AND STROM WATER FROM ITS WAUKEGAN FACILITY INTO THE NORTH DITCH, A TRIBUTARY OF LAKE MICHIGAN, INTO WAU KEGAN HARBOR, AND INTO LAKE MICHIGAN. FROM APPROXIMATELY 1959 UNTIL 1972, OMC USED HYDRAULIC FLUIDS CONTAINING VARYING PERCENTAGES OF PCBS IN A NON-ENCLO SED HYDRAULIC SYSTEM AT THE WAUKEGAN FACILITY. AS A RESULT OF LEAKS AND SPILLS INCIDENT TO THE OPERATIONS OF THIS HYD- RAULIS SYSTEM, OMC RELEASED PCBS INTO THE ENVIRONMENT AT THE WAUKEGAN FACILITY. A LARGE PORTION OF THE RELEASED PCBS WERE ROUTED TO OMC'S WASTEWATER COLLECTION AND DISCHARGE SYS TEM. AS A RESULT, THE EFFLUENT DISCHARGED FROM OMC'S WAUKE- GAN FACILITY CARRIED LARGE AMOUNTS OF PCBS INTO THE NORTH DITCH, WAUKEGAN HARBOR, AND LAKE MICHICAN. PCB RELEASES BY OMC HAVE ALSO COME TO BE LOCATED IN CERTAIN SOILS AND SEDI- MENTS AT OMC'S WAUKEGAN FACILITY. OMC'S RELEASES AND DISCHARGES OF PCBS RESULTED IN THE CON- TAMINATION OF WATERS, SEDIMENTS, AND THE BIOTA IN THE NORTH DITCH, WAUKEGAN HARBOR, AND LAKE MICHIGAN, AS WELL AS THE GROUND WATER UNDERLYING THE ADJACENBT TO THE WAUKEGAN FACILI

Defendants (1)

• OUTBOARD MARINE CORPORATION.Named in complaintNamed in settlement

Facilities (1)

• OUTBOARD MARINE CORPORATION

  200 SEAHORSE DRIVE, WAUKEGAN, IL, 60085

  Registry ID: 110001815368

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OUTBOARD MARINE CORPORATIONentered 1989-04-28

  Primary law: CERCLA

Timeline (5 milestones)

• 1988-09-02Referred To Dept Of Justice
• 1988-10-07Complaint Filed With Court
• 1989-04-28Final Order Lodged
• 1989-04-28Concluded
• 1989-04-28Final Order Entered