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05-1993-0978Administrative - FormalFinal Order IssuedFY 1993· Region 05

EPA v. BURGESS, INC. SITE

Unilateral Administrative Order Without Adjudication

Case summary

A UAO WAS ISSUED ON AUGUST 28, 1991 TO 5 PRPS TO CONDUCT REMOVAL ACTIONS AT THE SITE. PREVIOUS REMOVAL ACTION ACTIVITY HAD BEEN UNDERTAKEN BY EPA PRIOR TO ISSUANCE OF THE UAO. THE FACILITY IS THE SITE OF A FORMER BATTERY MANUFACTURING OPERATION WHICH COMMENCED BUSINESS IN 1926. THE SITE COVERS APPROXIMATELY 4 ACRES AND CONTAINS 3 BUILDINGS. BURGESS, INC., FILED FOR BANKRUPTCY IN 1989 AND THE PROPERTY WAS SOLD AT AUCTION AROUND NOVEMBER 1989. THE SITE INCLUDED UNDERGROUND STORAGE TANKS, LAB PACK MATERIALS, A CYANIDE PLATING SYSTEM, ASBESTOS AND SHOCK SENSITIVE MATERIALS AND EXPLOSIVES. OVER 300 DRUMS WERE STAGED AT THE SITE ALONG WITH 5300 POUNDS OF SURPLUS LAB CHEMICALS. A FIRE OCCURRED AT THE FACILITY IN 1990 AND IN JUNE 1990 EPA COMMENCED REMOVAL ACTIVITIES AT THE SITE. THE UAO IS BEING COMPLIED WITH BY GOULD, INC., BUT OTHER HAVE DECLINED. A 106(B) PENALTY AND 107 REFERRAL IS CONTEMPLATED FOR EPA'S PAST/OVERSIGHT RESPONSE COSTS IN THE 4Q OF 1993.

Defendants (1)

  • BURGESS, INC.Named in complaint

Facilities (1)

  • BURGESS INC

    FOOT OF EXCHANGE ST, FREEPORT, IL, 61032

    Registry ID: 110007530546

Statutes cited

  • CERCLA 106Imminent & Substantial Endangerment Order

Timeline (2 milestones)

  • 1991-08-28Final Order Issued
  • 1993-07-12Enforcement Action Data Entered

Case metadata

EPA activity ID
28419
Case number
05-1993-0978
Lead agency
EPA
HQ division
CER
Branch
SWERB
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Imminent & Substantial Endangerment Order

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1993-0978 . Bulk data: ICIS-FEC download summary.

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