EPA v. SCHLUMBERGER INDUSTRIES, INC. / CRAB ORCHARD - CONSENT DECREE (CERCLA)

Case summary

US v. Illinois Tool Works, Inc: The proposed Consent Decree would resolve CERCLA claims and certain other related claims concerning Site 14 of the Miscellaneous Areas Operable Unit (OU08) at the Crab Orchard National Wildlife Refuge Superfund Site near Marion, Illinois. The total response costs for Site 14 are roughly $5.8 million, including about $3.66 million spent by Illinois Tool Works (ITW) and about $2.15 million spent by the U.S. Department of the Interior (DOI) and the U.S. EPA. The settlement requireS ITW to pay an additional $78,617, including $62,739 being paid into the DOI Central Hazardous Materials Fund and $15,878 being paid into the EPA Superfund. No prior payments have been made on account of the alleged CERCLA liability of the Department of the Army and DOI (Settling Federal Agencies). Under this settlement, the United States would pay $1,677,549 on behalf of the Settling Federal Agencies, including $1,338,745 being paid into the DOI Central Hazardous Materials Fund and $338,804 being paid into the EPA Superfund. Pursuant to Section XXV of the Consent Decree, the Parties have agreed to this First Amendment to Consent Decree to incorporate the ROD Amendment and the related Scope of Work, and to provide for certain procedures and activities not previously contemplated by the Parties under the Consent Decree. This concerns the PCB areas operable unit of the Crab Orchard National Wildlife Refuge. The refuge is a federal facility currently owned and operated by the Department of Interior (DOI), and formerly by the Department of Army (DA). In July 1987, THe refuge was placed on the NPL based on findings that PCBs, Lead, Cadmium and Arsenic were present on the refuge. In August 1988, DOI and Sangamo Weston (PRP) released the RI report. In August 1989, DOI and Sangamo released the FS and U.S. EPA released the proposed plans for the metal areas and PCB areas operable units. The U.S. EPA released the metals areas ROD on March 30, 1990. U.S. EPA has agreed to assist DOI with enforcement for the PCB operable unit.

Defendants (5)

• OLIN CORPORATION
• SANGAMO WESTON, INC. A/K/A SCHLUMBERGERNamed in complaintNamed in settlement
• Illinois Tool Works, Inc.Named in complaintNamed in settlement
• Department of the InteriorNamed in complaintNamed in settlement
• Department of the ArmyNamed in complaintNamed in settlement

Facilities (1)

• US CRAB ORCHARD NWR USDOI NFH

  BOX J, CARTERVILLE, IL, 62918

  Registry ID: 110010728533

Statutes cited

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

Enforcement conclusions (3)

• SCHLUMBERGER INDUSTRIESentered 1992-08-27

  Primary law: CERCLA

• SCHLUMBERGER INDUSTRIES, INC. / CRAB ORCHARD - Consent Decree (CERCLA)entered 2012-10-04

  Primary law: CERCLA

• SCHLUMBERGER INDUSTRIES, INC. / CRAB ORCHARD - CONSENT DECREE (CERCLA)entered 2015-08-28

  Primary law: CERCLA

Timeline (10 milestones)

• 1990-03-12Enforcement Action Data Entered
• 1990-05-17PRN Sent
• 1991-05-13Referred To Dept Of Justice
• 1991-09-30Complaint Filed With Court
• 2012-04-19Supplemental Referral-Adding parties, counts
• 2015-03-27Supplemental Referral-Adding parties, counts
• 2015-05-21Final Order Lodged
• 2015-08-28Final Order Entered
• 2015-09-17Supplemental Referral-Other
• 2016-07-26Supplemental Referral-Other