EPA v. GENERAL DIE CASTING COMPANY-AOC

Case summary

THE AOC REQUIRES TO UNDERTAKE REMOVAL WORK AT THE FACILITY. GENERA DIE CASTING BEGAN OPERATING AT THE FACILITY IN AUGUST 1970 AS A ZINC DIE CASTTING AND ELECTROPLATING BUSINESS. GENERAL DIE CASTING OPERATED THE FACILITY UNTIL ITS CLOSURE IN DECEMBER 1988. GENERAL DIE CASTING THEN SOLD THE FACILITY IN JANUARY 1989 TO MR. WILLIAM AIKENS AN AGENT FOR A CORPORATION TO BE NAMED AT A LATER DATE ACCORDING TO THE AOC. THE FACILITY WAS OPERATED, PRIOR TO GENERAL DIE CASTING, BY THE WOLVERINE DIE CASTING COMPANY FROM THE 1950'S UNTIL 1970. WOLVERINE IS AN INDIRECT SUBSIDIARY OF NORANDA, INC. PRIOR TO THE SALE TO MR. AIKENS, GENERAL DIE CASTING HAD AN ENVIRONMENTAL ASSESSMENT CONDUCTED, INCLUDING SAMPLING THAT REVEALED POLYNUCLEAR AROMATIC HYDROCARBONS. (TOXICO REPORT IN JANUARY 1989). SAMPLING FOR CYANIDE AND SULFIDE WAS NOT DONE BY GENERAL DIE CASTING'S CONTRACTOR (TOXICO CORPORATION), BUT AN ADJACENT LANDOWNER, CS&W, HAD SAMPLES TAKEN AND ANALYZED IN JULY-SEPTEMBER 1989. THE RESULTS REVEALED ELEVATED LEVELS HEAVY METALS AND POLYNUCLEAR AROMATIC HYDROCARBONS. BEGINNING IN JULY 1990, GENERAL DIE CASTING BEGAN REMOVAL OF CERTAIN SOILS AFTER RECEIVING APPROVAL OF MDNR BASED UPON ITS EARLIER REPORT. WHILE THIS WORK WAS ONGOING CS&W CONTRACTOR, GABRIEL LABORATORIES, TOOK MORE SOIL AND SURFACE WATER SAMPLES THAT REVEALED ELEVATED CYANIDE LEVELS AND HEAVY METALS SUCH AS NICKEL, COPPER, AND ZINC. A CLEAN CLOSURE REQUEST WAS SUBSEQUENTLY DENIED GENERAL DIE CASTING (NOVEMBER 27, 1990) AND FURTHER INVESTIGATION ORDERED AND TO SUBMIT A CLEANUP PLAN. SUBSEQUENTLY, EPA ASSESSED THE SITE, ISSUED A GENERAL NOTICE LETTER, AND SUBSEQUENTLY ISSUED A UAO ON JULY 31, 1992 REQUIRING SEVERAL RESPONDENTS TO CONDUCT EMERGENCY WORK AT THE SITE. (A MEETING WAS HELD BETWEEN MR. SHIRLEY, THEN A RESPONDENT AND OFFICER OF GENERAL DIE CASTING._ THIS ORDER WAS SUBSEQUENTLY SUPERCEDED AND NULLIFIED BY ANOTHER UAO ISSUED ON FEBRUARY 3, 1995 (DOCKET NO. 05-95-0237, AND REGIONAL HEARING CLERK NO. V-W-93-C-179). THE SECOND UAO NEVER BECAME EFFECTIVE AS GENERAL DIE CASTING AGREED TO DO THE WORK UNDER THE AOC DOCUMENTED BY THIS RECORD. THIS AOC SPECIFICALLY STATES THAT ORDER WAS SUPERCEDED AND NULLIFIED. HOWEVER, BECAUSE THE RESPONDENTS REQUESTED AN OPPORTUNITY TO CONFER AND NEGOTIATED THE CD PRIOR TO A DECISION BECOMING FINAL ON THE UAO IT NEVER WENT INTO EFFECT. THE UAO CASES ARE CONSIDERED CLOSED AND STATUS OF THE CASE AND WORK AT THE SITE WILL BE DOCUMENTED IN THIS RECORD.

Defendants (1)

• GENERAL DIE CASTING COMPANY, INC.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 (3 milestones)

• 1993-03-16Final Order Issued
• 1993-03-16Enforcement Action Closed
• 1995-06-06Enforcement Action Data Entered