EPA v. AMERITECH CORP., ET AL/COM ED, AT&T, LUCENT,ELGIN

Case summary

ELGIN SALVAGE AND SUPPLY IS A SCRAP METAL RECYCLING YARD IN ELGIN, IL IN APRIL 1993, U.S.EPA ISSUED A CERCLA 106 ORDER TO ELGIN SALVAGE (AS OWNER OPERATOR), AND FOUR OTHER PARTIES, AT&T, AMERITECH, COMMONWEALTH EDISON AND FERMILAB (URA), AS GENERATORS. THE UAIO ORDERED A CLEAN UP OF THE SITE FOR CONTAMINATED LEVELS OF LEAD, PCBS AND DIOXIN. BETWEEN 1993 AND FEB. 1995, THE PARTIES CONDUCTED THE CLEAN UP. U.S. EPA INCURRED APPROXIMATELY $343,000 IN OVERSIGHT COSTS. THE PRPS RECEIVED A BILL FOR OVERSIGHT COSTS IN AUGUST AND DECEMBER 1995, BUT REFUSED TO PAY THEM CITING TO THEM ROHM V. HAAS DECISION FROM THE FEDERAL COURT IN THE 3RD CIRCUIT CT. OF APPEALS. U.S. EPA CONTINUED TO TRY TO SPECIFICALLY IDENTIFY COSTS AND SEEK COMPLIANCE OF THE PRPS WITH THE UAO. THE PRPS CONTINUED TO REFUSE. U.S. EPA THEN DETERMINED TO REFER THE CASE TO U.S. DOJ. U.S. EPA ALSO SEEKS PUNITIVE DAMAGES OF 3X THE TOTAL (OF OVERSIGHT COSTS) DUE, PURSUANT TO CERCLA 107(C)(3).

Defendants (6)

• AMERITECHNamed in complaintNamed in settlement
• AT&TNamed in settlement
• COMMONWEALTH EDISONNamed in complaintNamed in settlement
• ELGIN SALVAGE AND SUPPLY CO.Named in complaintNamed in settlement
• FERMILAB-UNIVERSITIES RESEARCH ASSOCIATENamed in settlement
• LUCENT TECHNOLOGIES, INC.Named in complaintNamed in settlement

Facilities (1)

• ELGIN SALVAGE & SUPPLY COMPANY INCORPORATED

  464 MCBRIDE ST, ELGIN, IL, 60120

  Registry ID: 110018221271

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• AMERITECH CORP., ET AL./COM ED, AT&T, LUCENT, ELGIentered 1998-03-12

  Primary law: CERCLA

Timeline (6 milestones)

• 1996-05-31Enforcement Action Data Entered
• 1996-06-11Referred To Dept Of Justice
• 1997-03-31Complaint Filed With Court
• 1998-01-07Final Order Lodged
• 1998-03-12Final Order Entered
• 2000-01-10Enforcement Action Closed