EPA v. WAUCONDA SAND & GRAVEL CONSENT DECREE (CERCLA)

Case summary

THE SITE IS LOCATED IN LAKE COUNTY, ILLINOIS (APPROXIMATELY ONE TO ONE-HALF MILES NORTH OF THE VILLAGE OF WAUCONDA AND THREE MILES EAST OF THE VILLAGE OF ISLAND LAKE), AND REALLY OCCUPIES APPROXIMATELY 74 ACRES. PRIOR AND UP TO APPROXIMATELY 1941, SAND AND GRAVEL PIT OPERATIONS WERE CONDUCTED AT THE SITE. SUBSEQUENTLY, FROM THE EARLY 1940S UNTIL 1978, LANDFILL OPERATIONS WERE CONDUCTED AT THE SITE, DURING WHICH TIME VARIOUS RESIDENTIAL, MUNICIPAL, COMMERCIAL AND INDUSTRIAL WASTES WERE DISPOSED OF AT THE SITE. IN 1978, LANDFILL OPERATIONS AT THE SITE PERMANENTLY CEASED. IN 1983, AS A RESULT OF INVESTIGATIONS AND STUDIES CONDUCTED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ( IEPA ) AND U.S. EPA WHICH INDICATED THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES, THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. LATER THAT YEAR, U.S. EPA INITIATED A REMEDIAL INVESTIGATION ( RI ) AND A FEASIBILITY STUDY ( FS ). U.S. EPA COMPLETED THE RI IN AUGUST, 1984 AND THE FS IN AUGUST, 1985. ON SEPTEMBER 30, 1985, U.S. EPA SIGNED A RECORD OF DECISION ( ROD ) WHICH, IN ACCORD WITH THE RI/FS, REQUIRED THAT INTERIM REMEDIAL MEASURES BE UNDERTAKEN, INCLUDING REPAIR OF AN EXISTING LANDFILL CAP AND INSTALLATION OF BOTH A LEACHATE COLLECTION SYSTEM AND A PERIMETER FENCE AROUND THE SITE. IN ADDITION, THE ROD REQUIRED THAT A SUPPLEMENTAL RI/FS ( SRI/FS ) BE CONDUCTED TO FURTHER DEFINE POTENTIAL ENVIRONMENTAL IMPACTS FROM THE LANDFILL BEFORE MAKING A DECISION ON A FINAL REMEDIAL ACTION. THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ( IEPA ) CONCURRED WITH THE ROD. ON JULY 28, 1986, AN ADMINISTRATIVE ORDER ON CONSENT ( AOC ) WAS CONSUMMATED PURSUANT TO WHICH THE INTERIM REMEDIAL MEASURES AND THE SRI/FS WERE PERFORMED. ON MARCH 31, 1989, U.S. EPA SIGNED A SECOND RECORD OF DECISION SETTING FORTH A FINAL REMEDY FOR THE SITE. THE ROD CALLED FOR THE FOLLOWING: (1) CONTINUED GROUNDWATER MONITORING ON AND AROUND THE SITE; (2) UPGRADING OF THE LANDFILL CAP; (3) INSTALLATION OF ADDITONAL GAS VENTS WITH THE CAPABILITIES OF REDUCING GAS EMISSIONS, IF NECESSARY; AND (4) CONTINUED OPERATION AND MAINTENANCE OF THE LEADCHATE COLLECTION SYSTEM. U.S. EPA THEN ENTERED INTO REMEDIAL DESIGN/REMEDIAL ACTION ( RD/RA ) NEGOTIATIONS WITH THE PRPS. HOWEVER, BECAUSE THE PRPS CONTINUED TO CONTEST THEIR LIABILITY, NEGOTIATIONS FOR IMPLEMENTATION OF THE FINAL REMEDY WERE UNSUCCESSFUL. CONSEQUENTLY, ON DECEMBER 19, 1989, U.S. EPA ISSUED A UAO REQUIRING THE PRPS TO IMPLEMENT THE FINAL REMEDY. THE PRPS HAVE COMPLIED WITH THE CONDITIONS OF THE UAO, AND HAVE NEARLY COMPLETED FINAL REMEDIAL MEASURES AS SPECIFIED IN THE MARCH 31 1989 ROD. ON JUNE 30, 1993, THE REGIONAL ADMINISTRATOR APPROVED A SETTLEMENT PROPOSAL EMBODIED IN A JUDICIAL CONSENT DECREE ( THE DECREE ) WHEREBY 17 POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) ASSOCIATED WITH THE WAUCONDA SAND SITE ( THE SITE ) AGREE TO : (1) REIMBURSE U.S. EPA FOR PAST COSTS INCURRED AT THE SITE; (2) WAIVE ALL CLAIMS AGAINST THE UNITED STATES THAT RELATE TO THE SITE (INCLUDING ALL CLAIMS AGAINST THE HAZARDOUS SUBSTANCES TRUST FUND ARISING FROM REMEDIAL WORK PERFORMED PURSUANT TO A UNILATERAL ADMINISTRATIVE ORDER); AND (3) PAY ALL OF U.S. EPA'S FUTURE OVERSIGHT COSTS INCURRED IN CONNECTION WITH REMEDIAL MEASURES UNDERTAKEN BY THE PRPS AT THE SITE. THE PRESENT VALUE OF THE CONSIDERATION PROVIDED BY THE PRPS PURSUANT TO THE TERMS OF THE DECREE IS EQUAL TO $13,171,448. CONDITIONS OF THE DECREE MAY BE SUMMARIZED AS FOLLOWS: (1) THE PRPS AGREE TO PAY U.S. EPA $566,448.15 IN SATISFACTION OF CLAIMS FOR PAST COSTS INCURRED AT THE SITE; (2) THE PRPS AGREE TO WAIVE ALL CLA

Defendants (17)

• HONEYWELL, INC.Named in complaintNamed in settlement
• BASIC ELECTRONICS MFG. CORP .Named in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES OF ILL., INC.Named in complaintNamed in settlement
• CHROMA CORPOARTIONNamed in complaintNamed in settlement
• DEARBORN DIVISION, W.R. GRACE & CO.Named in complaintNamed in settlement
• EXXON CORPORATIONNamed in complaintNamed in settlement
• H. B. FULLER COMPANYNamed in complaintNamed in settlement
• I.B. DISTRIBUTORS, INC.Named in complaintNamed in settlement
• INK SPECIALTIES CO., INC.Named in complaintNamed in settlement
• JENSEN DISPOSALNamed in complaintNamed in settlement
• JOHN OBENAUF (NOW DECEASED)Named in complaintNamed in settlement
• MAIL-WELL ENVELOPE CO.Named in complaintNamed in settlement
• MORTON INTERNATIONAL, INC.Named in complaintNamed in settlement
• VILLAGE OF WAUCONDA(AN IL MUNICIPAL CORPNamed in complaintNamed in settlement
• WASTE MANAGEMENT OF ILLINOIS, INC.Named in complaintNamed in settlement
• WAUCONDA SAND & GRAVEL CO.Named in complaintNamed in settlement
• WELLS MANUFACTURING CO.Named in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• WAUCONDA SAND & GRAVELentered 1994-05-13

  Primary law: CERCLA

• WAUCONDA SAND & GRAVEL CONSENT DECREE (CERCLA)entered 2012-02-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-10-18Enforcement Action Data Entered
• 1993-06-30Referred To Dept Of Justice
• 1993-12-23Complaint Filed With Court
• 2010-01-27Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2011-01-28Motion to Enforce Consent Decree
• 2011-11-07Final Order Lodged
• 2012-02-21Final Order Entered