EPA v. GRANVILLE SOLVENTS

Case summary

THOUGHOUT THE PENDENCY OF THIS MATTER, THE STATE OF OHIO, THROUGH THE OHIO ENVIRONMENTAL PROTECTION AGENCY ( OEPA ) AND THE OHIO ATTORNEY GENERAL'S OFFICE ( OAG ) HAS MAINTAINED ITS OWN ADMINISTRATIVE AND ENFORCEMENT ACTIONS AGAINST THE O/O (I.E., GRANVILLE SOLVENTS, INC., AND OWNER MR. JOHN REEB) UNDER APPROPRIATE AUTHORITY VESTED IN THE STATE. BY OCTOBER 11, 1991, THE STATE OF OHIO, UTILIZING STATE RESOURCES, COMPLETED REMOVAL ACTIVITIES AT THE FACILITY, INCLUDING: (1) REMOVAL AND DISPOSAL OF ALL DISCARDED CONTAINERS AND ASSOCIATED CONTENTS; (2) EXCAVATION AND REMOVAL OF ALL STORAGE TANKS AND ASSOCIATED CONTENTS; (3) SOIL TESTING; AND, (4) INSTALLATION OF GROUNDWATER MONITORING WELLS. SINCE THAT TIME, THE STATE HAS INSTALLED ADDITIONAL GROUNDWATER MONITORING WELLS TO CHARACTERIZE POSSIBLE GROUNDWATER CONTAMINATION AND HAS CONDUCTED ADDITIONAL TESTING. THE STATE HAS INDICATED THAT ANALYSES AND TEST RESULTS SUGGEST THE PRESENCE OF GROUNDWATER CONTAMINATION WHICH MAY NEEED TO BE ADDRESSED. PRESENTLY, THE STATE APPEARS TO BE WILLING TO CONTINUE EXPENDING RESOURCES AT THE FACILITY TO ADDRESS CONDITIONS AT, OR ASSOCIATED WITH, THE FACILITY. ACCORDING TO THE OAG, THE STATE HAS EXPENDED MORE THAN $800,000 AT THE FACILITY. CURRENTLY, THE STATE IS ENGAGING IN COST RECOVERY EFFORTS WITH POTENTIALLY RESPONSIBLE PARTIES (OTHER THAN THE O/O) WHO MAY HAVE CONTRIBUTED HAZARDOUS SUBSTANCES TO THE FACILITY. IN ADDITION, ON MARCH 3, 1993, THE OAG INFORMED U.S. EPA THAT THE STATE AND THE O/O HAD AGREED UPON A RESOLUTION OF THE STATE'S PENDING ADMINISTRATIVE ACTION AGAINST THE O/O, AND THAT THE STATE WOULD BE WITHDRAWING ITS PENDING ENFORCEMENT ACTION AGAINST THE O/O FROM STATE COURT. THROUGHOUT THE PENDENCY OF THIS MATTER, THE STATE OF OHIO, IN COOPERATION WITH U.S. EPA, HAS NEGOTIATED WITH THE O/O TO PROCURE A SUITABLE CLOSURE PLAN MEETING APPROPRIATE STANDARDS. HOWEVER, THE O/O CONTENDED, AND CONTINUES TO CONTEND, THAT IT IS FINANCIALLY UNABLE AND UNWILLING TO FUND CLOSURE OR ANY FUTHER ACTIVITIES AT THE FACILITY. THE O/O HAS PROVIDED DOCUMENTATION TO U.S. EPA AND THE STATE OF OHIO IN SUPPORT OF ITS CONTENTION. ON OCTOBER 6, 1992, BASED BOTH UPON ITS INVESTIGATIONS AND UPON THE DOCUMENTATION SUBMITTED BY THE O/O, THE OAG CONFIRMED WITH U.S. EPA THE DETERMINATION THAT THE O/O IS FINANCIALLY UNABLE AND UNWILLING TO FUND CLOSURE OR ANY FUTHER ACTIVITIES AT THE FACILITY. ON MARCH 3, 1993, U.S. EPA VERIFIED WITH PARK NATIONAL BANK, CLOSURE TRUST FUND TRUSTEE, THAT THE CLOSURE TRUST FUND FOR THE FACILITY WAS OFFICIALLY CLOSED IN JANUARY, 1991 BECAUSE OF DIMINISHED FUNDS.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Timeline (3 milestones)

• 1988-10-10Enforcement Action Data Entered
• 1994-02-02Final Order Issued
• 1994-02-02Enforcement Action Closed