EPA v. GENERAL DIE CASTING-UAO #1

Case summary

THE GENERAL DIE CASTING COMPANY OPERATED THE FACILITY FROM AUGUST 1970 TO DECEMBER 1988 AS A PLATING FACILITY IN WHICH IT MANUFACTURED AND ELECTROPLATED ZINC DIE CASTINGS. CHEMICALS COMMONLY USED IN ELECTROPLATING OPERATIONS INCLUDE: NICKEL, LEAD, ZINC, COPPER SULFIDES, CHROME PLATING AND CYANIDE COMPOUNDS. THE FACILITY IS LOCATED ON APPROXIMATELY 0.6 ACRES OF LAND WHICH IS BOUNDED BY MOUNT ELLIOT STREET ON THE WESTERN EDGE, CONRAIL TRACKS ON THE EAST, CENTRAL STEEL & WIRE ON THE WEST, AND INDUSTRIAL BUSINESSES ON THE NORTH AND SOUTH. THE AREA IS CONSIDERED A MIXTURE OF RESIDENTIAL AND LIGHT INDUSTRIAL BUSINESSES. CS & W HAD SOILS SAMPLES TAKEN FROM THE FACILTY. THE RESULTS SHOWED SIGNIFICANT AMOUNTS OF CYANIDE IN THE SOILS. THESE SAMPLES WERE FOLLOWED UP BY SAMPLING AND ANALYSIS BY THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES. MDNR SAMPLE RESULTS SHOWED CYANIDE IN SOILS NEAR THE FACILITY BUILDING, PLUS ELEVATED LEVELS OF ARSENIC, BARIUM, CHROMIUM, COPPER, MERCURY, NICKEL, LEAD, SELENIUM, AND ZINC WERE FOUND. ON MAY 3, 1991, AN INSPECTION, ATTENDED BY THEN EPA EMPLOYEE, JIM SIAS, FOUND THAT SOILS HAD BEEN EXCAVATED AND REMOVED ALONG THE SOUTH EXTERIOR OF THE BUILDING ON SITE WHICH FACES CENTRAL STEEL & WIRE. SLUDGES HAD ALSO BEEN REMOVED FROM INSIDE THE BUILDING AT THAT TIME. THE UAO INDICATES THAT MR. SHIRLEY WAS A FORMER OWNER OPERATOR OF THE SITE, AND MR. AIKENS WAS THE CURRENT OWNER AND OPERATOR. THE LIABILITY INDEX INDICATES THAT MR. AIKENS BOUGHT THE PROPERTY ON ABOUT JANUARY 11, 1989. THIS UNILATERAL ORDER SOUGHT TO HAVE THE 3 RESPONDENTS, AMONG OTHER THINGS, DECONTAMINATE ALL EQUIPMENTS, WALLS, CEILINGS, FLOORS, TRENCHES AND DRAINAGE STRUCTURES, DEVELOP A HYDRO-GEOLOGICAL STUDY, ARRANGE FOR TREATMENT AND DISPOSAL OF SLUDGE FROM THE WASTE TREATMENT FACILITY, DISPOSAL OF LIQUIDS, SLUDGES, AND SOLIDS FROM VATS, AND DISPOSAL OF USED AND UNUSED CHEMICALS AS WELL AS THE STUDY AND TREATMENT OF CONTAMINATED SOILS. THIS ORDER WAS SUBSEQUENTLY SUPERCEDED AND NULLIFIED BY A UNILATERAL ISSUED ON FEBRUARY 2, 1993. (THE SUBSEQUENT UNILATERAL ORDER'S COVER LETTER ALSO NOTED THAT THE FIRST ORDER INCORRECTLY NOTED THAT MR. SIAS WAS AN EPA ATTORNEY WHEN IN FACT HE WAS A LAW CLERK.)

Defendants (4)

• AIKENS, WILLIAMNamed in complaint
• GENERAL DIE CASTING CO.Named in complaint
• SHIRLEY, RICHARD E.Named in complaint
• SPARTAN METAL FINISHING

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1991-07-30Complaint Filed/Proposed Order
• 1991-08-31Final Order Issued
• 1993-02-02Enforcement Action Closed
• 1995-06-05Enforcement Action Data Entered