EPA v. ATC REMOVAL ACTION

Case summary

THE PRPS (ATC - ADVANCED TECHNOLOGY CORP.) AGREED TO ENTER INTO AN AOC TO CONDUCT A TIME-CRITICAL REMOVAL ACTION ON LEAD CONTAMINATED SOILS. THE EFFECTIVE DATE OF THE ORDER IS 10/20/94 AND WORK IS ON-GOING. THIS IS A TIME CRITICAL REMOVAL ACTION, THE BILLING NEEDS TO BE SEPERATE - ATC PAYING ONLY FOR 5 ACRES REMOVAL. ATC ENTERED INTO AN AOC TO CONDUCT A TIME-CRITICAL EMERGENCY REMOVAL ACTION ON 10/20/94. ATC PROCEEDED WITH REMOVAL OF LEAD CONTAMINATED SOILS. ON 5/24/95 EPA MET WITH ATC. ATC WANTED TO STOP WORK DUE TO FINANCIAL INABILITY TO CONTINUE. EPA AGREED TO A STOP WORK UNTIL WE COULD ASSESS ATC'S FINANCIAL CONDITION. ATC THEN RAISED THE ISSUE THAT THEY HAD MET THE INTENT OF THE AOC WITH THE AMOUNT OF SOILS ALREADY REMOVED & FURTHER EXCAVATION WOULD CONSTITUTE A REMEDIAL ACTION. EPA AGREED TO RE-NEGOTIATE THE TERMS OF THE AOC SO ATC COULD STOP WORK. EPA WILL ADDRESS CONTAMINATED SOILS LEFT IN-PLACE UNDER THE ON-GOING EE/CA FOR THE SITE.

Defendants (1)

• ADVANCED TECHNOLOGIES CORP.Named in complaint

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (2 milestones)

• 1994-10-20Final Order Issued
• 1995-03-16Enforcement Action Data Entered