EPA v. ENSIGN-BICKFORD COMPANY

Case summary

TROJAN CORPORATION HAS OWNED AND OPERATED THE FACILITY, WHERE IT MANUFACTURES EXPLOSIVES, FROM ABOUT JUNE 1982 TO THE PRESENT. ENSIGN-BICKFORD COMPANY HAS ALSO OWNED THE FACILITY FROM SINCE 1986 WHEN ENSIGN-BICKFORD COMPANY PURCHASED CERTAIN ASSETS FROM TROJAN. BOTH TROJAN AND ENSIGN-BICKFORD COMPANY ARE WHOLLY OWNED SUBSIDIARIES OF ENSIGN-BICKFORD INDUSTRIES, INC. A STATE IEPA INSPECTION ON JUNE 20, 1990, REVEALED THE PRESENCE OF 32 DRUMS OF WASTE IN AN AREA CALLED THE BONEYARD. DURING A SUBSEQUENT INSPECTION BY IEPA ON SEPTEMBER 21, 1991, THE DRUMS WERE DISCOVERED TO HAVE BEEN MOVED TO A STAGING AREA. ENSIGN-BICKFORD PROVIDED MANIFESTS FOR SOME OF THESE DRUMS SHOWING THAT THEY WERE SHIPPED OFF-SITE IN JANUARY 1992. THE WASTES WERE MANIFESTED AS D008 (LEAD TC), D001 (IGNITABILITY), D009 (MERCURY TC), D028 (TC FOR 1-2 DICHOLORETHANE) AND F002, F003, AND F005 (SPENT SOLVENTS). THE ENSIGN-BICKFORD COMPANY CLAIMS THE DRUMS WERE ON SITE WHEN IT PURCHASED PROPERTY FROM TROJAN AND CLAIMS THAT IT WAS NOT RESPONSIBLE FOR THE MATERIALS PLACED THERE BY TROJAN.

Defendants (2)

• ENSIGN-BICKFORD COMPANYNamed in complaintNamed in settlement
• TROJAN CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ENSIGN BICKFORD COMPANY

  5570 STATE RTE. 3 N., WOLF LAKE, IL, 629980134

  Registry ID: 110000440041

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• ENSIGN-BICKFORD COMPANYentered 1995-06-05

  Primary law: RCRA

  Federal penalty: $40,000

Timeline (4 milestones)

• 1993-07-15Enforcement Action Data Entered
• 1993-07-15Complaint Filed/Proposed Order
• 1995-06-05Final Order Issued
• 2003-02-06Enforcement Action Closed