EPA v. ACME SOLVENT RECLAIMING INC.

Case summary

ACME SOLVENTS RECLAIMING, INC. IS A SOLVENT RECYCLER LO- CATED ON DOWMTOWN ROCKFORD, IL., THIER BUSINRESS PRACTICES BETWEEN THE YEARS OF 1960 AND 1972 WERE AS FOLLOWS: ACME TRUCKS WOULD PICK UP USED SOLVENTS FROM A VARIETY OF INDUS- TRIES LOCATED IN SOUTHERN WISCONSIN AND NORTHERN ILLINOIS; THE SOLVENTS WOULD BE RUN THROUGH A DISTILLATION PROCESS LOCATED IN DOWNTOWN ROCKFORD, ILLINOIS; THE CLEANED SOL- VENTS WOULD THEN BE SOLD OR TRADED BACK TO THE COMPANIES FROM WHICH THEY HAD BEEN COLLECTED; THE STILL BOTTOMS WOULD BE SHIPPED IN EITHER DRUMS OR TANK TRUCKS TO THE ACME SOL- VENT SITE IN RURAL WINNEBAGO COUNTY AND DUMPED INTO SEVERAL UNLINED DISPOSAL LAGOONS. IN 1972, A NEARBY RESIDENT NOTICED THAT THE DRINKING WATER WAS TASTING AND SMELLING ODD AND NOTIFIED THE COUNTY HEALTH DEPARTMENT. THE HEALTH DEPARTMENT SAMPLED THE WATER AND FOUND THAT IT WAS CONTAMINATED WITH VOLATILE ORGANIC COM- POUNDS (VOC). STUDY OF THE LOCAL HYDROGEOLOGY LEAD THE DEPARTMENT TO SUSPECT THAT THE SOURCE OF THE CONTAMINATION WAS THE ACME SITE. FURTHER INVESTIGATION MADE IT CLEAR THAT THE ACME SITE BORE SOME RESPONSIBILITY FOR THE CONTAMINA- TION. PRESSURE WAS BROUGHT BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AND ACME CURTAILED ITS DISPOSAL OF STILL BOTTOMS AT THE SITE IN LATE 1972. IN 1983, THE UNITED STATES EPA PLACED THE ACME SITE ON THE NATIONAL PRIORITIES LIST OF HAZARDOUS WASTE SITES (NPL) AND AUTHORIZED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/ FS). U.S. EPA ALSO BEGAN COMPILING INFORMATION REGARDING POTENTIALLY RESPONSIBLE PARTIES (PRP), DEPOSING THE OWNERS AND OPERATORS OF THE SITE, VITO AND FRANK PUMILIA AND RE- VIEWING ACME'S BUSINESS RECORDS. THE RI, CONDUCTED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) AND COMPLETED IN 1984, DETERMINED THAT THE SURFICIAL SOILS, SUB SOILS, UNDERLYING BEDROCK, AND UNDERLY- ING GROUNDWATER WERE CONTAMINATED WITH VOLATILE AND SEMI- VOLATILE ORGANIC CHEMICALS, HEAVY METALS, AND POLYCHLORINAT- ED BIPHEYLS. THESE SAME CONTAMINANTS WERE PRESENT IN THE TANKS AND DRUMS LOCATED ON-SITE. THE FS WAS COMPLETED BY IEPA IN EARLY 1985 AND DISCUSSIONS BEGAN WITH THE PRPS CONCERNING THE SELECTION OF A REMEDY. THE DISCUSSIONS FOCUSED PRIMARILY ON THE PROPRIETY OF THERM- AL TREATMENT FOR THE CONTAMINATED SOILS. THE PRPS FAVORED LAND DISPOSAL OF THE SOILS WHILE U.S. EPA AND IEPA PREFERRED THERMAL TREATMENT. A RECORD OF DECISION (ROD) WAS SIGNED ON SEPTEMBER 27, 1985. THE ROD REQUIRED THERMAL TREATMENT OF THE CONTAMINAT- ED SOIL AND ONSITE WASTE MATERIALS. DESPITE EXTENSIVE NEGOTIATIONS BETWEEN U.S. EPA AND THE PRPS, AN AGREEMENT TO CLEANUP THE SITE IN ACCORDANCE WITH THE ROD COULD NOT BE REACHED. ON MAY 19, 1986, U.S. EPA ENTERED INTO A COOPERATIVE AGREEMENT WITH THE STATE OF ILLINOIS TO DO THE REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) WORK. ON JULY 1, 1986, A NUMBER OF THE PRPS, REPRESENTED BY A GROUP CALLED THE ACME STEERING COMMITTEE, NOTIFIED U.S. EPA THAT THEY WOULD BEGIN EXCAVATING AND DISPOSING OF CONTAMI- NATED SLUDGES, SOILS, AND WASTE MATERIALS IN A RCRA PERMITT- ED OFF-SITE LANDFILL. SUCH ACTIONS WERE INCONSISTENT WITH THE ROD. NEVERTHELESS, ON AUGUST 2, 1986, THE PRPS' CONTRACTOR BEGAN EXCAVATING AND REMOVING THE CONTAMINATED SOILS. THE EXCAVATION AND DISPOSAL CONTINUED UNTIL NOVEMBER 7, 1986, WHEN THE LAND DISPOSAL RESTRICTIONS ISSUED PURSUANT TO THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 WENT INTO EF- FECT. THESE RESTRICTIONS PROHIBITED THE LAND DISPOSAL OF HAZARDOUS WASTES WITHOUT PRIOR TREATMENT. THE EXCAVATION AND DISPOSAL STOPPED ON NOVEMBER 7,

Defendants (2)

• ACME SOLVENTNamed in complaintNamed in settlement
• ROCKFORDNamed in complaintNamed in settlement

Facilities (1)

• ACME SOLVENT RECLAIMING INCORPORATED

  LINDENWOOD ROAD, ROCKFORD, IL, 61109

  Registry ID: 110006961699

Statutes cited

• CERCLA 122 — Superfund

Enforcement conclusions (1)

• ROCKFORD/ACME SOLVENT RECLAIMIentered 1992-01-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-03-15Enforcement Action Data Entered
• 1990-06-13PRN Sent
• 1991-09-06Referred To Dept Of Justice
• 1991-11-13Complaint Filed With Court
• 1992-01-10Final Order Lodged
• 1992-01-10Final Order Entered
• 1992-01-10Concluded