EPA v. JOHNS-MANVILLE SALES CORP. (SCHULLER INTERNATIONAL)

Case summary

ON MARCH 21, 1988, THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION ENTERED A CONSENT DECREE IN UNITED STATES OF AMERICA V. MANVILLE SALES CORPORATION, INC., (88 C 630), GOVERNING THE REMEDIATION OF THE MANVILLE SUPERFUND SITE LOCATED IN WAUKEGAN, ILLINOIS. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA), THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ), THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA), AND THE JOHN-MANVILLE SALES CORPORATION (MANVILLE) WERE SIGNATORIES TO THIS CONSENT DECREE. MANVILLE'S REMEDIATION AT THE SITE DID NOT PROCEED IN CONCERT WITH THE REQUIREMENTS OF THE CONSENT DECREE, AND, THEREFORE, ON AUGUST 4, 1989, THE UNITED STATES FILED A SUPPLEMENTAL COMPLAINT AGAINST MANVILLE FOR VIOLATIONS OF THE CONSENT DECREE. AFTER INTENSIVE DISCOVERY AND HEATED LITIGATION, THE UNITED STATES AND MANVILLE WERE ABLE TO SETTLE THE MATTER ABOUT ONE AND ONE-HALF WEEKS BEFORE TRIAL; MANVILLE AGREED TO PAY $165,000 TO THE UNITED STATES. SINCE THE INITIATION OF THE GOVERNMENT'S ACTION FOR VIOLATIONS OF THE CONSENT DECREE, MANVILLE HAS COOPERATED WITH THE AGENCY IN REMEDIATING THE SITE. THE AGENCY APPROVED CHANGES IN THE WORK ON-SITE THAT DIFFERED FROM THE WORK SET FORTH IN THE RECORD OF DECISION. IN ADDITION, FOLLOWING THE COMPLETION OF THE ROD , THE AGENCY DECIDED THAT IT WANTED DEED RESTRICTIONS. THEREFORE, U.S. EPA AND DOJ MUST NOW NEGOTIATE WITH MANVILLE TO MODIFY THE CONSENT DECREE TO INCLUDE ALL CHANGES IN THE REMEDIATION (THAT HAVE BEEN MEMORIALIZED IN AN EXPLANATION OF SIGNIFICANT DIFFERENCES), AND ADD DEED RESTRICTIONS. A STIPULATION AND ORDER OF DISMISSAL WAS ENTERED ON SEPTEMBER 14, 1990 BY JUDGE LINDGERG AS TO THE ALLEGED VIOLATIONS OF THE 1988 CONSENT DECREE.

Defendants (1)

• JOHNS-MANVILLE (SCHULLER INTERNATIONAL)Named in complaintNamed in settlement

Facilities (2)

• SCHULLER INTERNATIONAL INC

  GREENWOOD AVE AND SAND ST, WAUKEGAN, IL, 60087

  Registry ID: 110001131052

• SCHULLER INTERNATIONAL INC

  GREENWOOD AVE AND SAND ST, WAUKEGAN, IL, 60087

  Registry ID: 110001131052

Statutes cited

• CERCLA 109C5 — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 109C — Superfund

Enforcement conclusions (1)

• JOHNS-MANVILLE (SCHULLER)entered 1990-09-14

  Primary law: CERCLA

  Federal penalty: $95,000

Timeline (6 milestones)

• 1989-06-14Referred To Dept Of Justice
• 1989-08-04Complaint Filed With Court
• 1990-01-02Enforcement Action Data Entered
• 1990-09-14Final Order Lodged
• 1990-09-14Final Order Entered
• 1990-09-14Concluded