EPA v. INTERSTATE POLLUTION CONTROL

Case summary

IPC OPERATED A FACILITY AT THE SITE BETWEEN 1971 AND 1984. IPC WAS A WASTE OIL RECYCLER, INDUSTRIAL WASTE STORAGE FACILITY, HAZARDOUS WASTE TRANSPORTER. IN THE EARLY 1970'S IPC OPERATED AN INCINERATOR TO DISPOSE OF HAZARDOUS SUBSTANCES INCLUDING CYANIDE WASTE. WASTE MANAGEMENT UNITS AT THE SITE INCLUDED AN ABOVE GROUND STORAGE TANK WITH A 100,000 GALLON CAPACITY, SEVEN UNDERGROUD STORAGE TANKS WITH CAPACITIES RANGING FROM 10,000 TO 20,000 GALLONS, AND A WASTE LAGOON. BOTH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AN U.S. EPA INVESTIGATED THE SITE AND TOOK SAMPLES FROM THE SITE. BASED UPON THIS INFORMATION, U.S. EPA DID A HAZARD RANKING SYSTEM SCORING AT THE SITE AND PLACED THE SITE ON THE NPL IN 1988. AFTER THIS, U.S. EPA PERFORMED A SERIES OF SITE ASSESSMENTS AND ISSUED A UAO TO A GROUP OF PRP'S TO PERFORM CERTAIN REMOVAL ACTIVITIES. THE UAO WAS ISSUED IN 1991, AND THE PRP'S PERFORMED THE SURFACE REMOVAL WITH U.S. EPA OVERSIGHT. AT THE SAME TIME, THE STATE OF ILLINOIS ENTERED INTO A COOPERATIVE AGREEMENT WITH U.S. EPA TO PERFORM A PRP SEARCH AND TO ISSUE SPECIAL NOTICE AND NEGOTIATE A CONSENT DECREE FOR PERFORMANCE OF THE RI/FS. IN 1991, A GROUP OF PRP'S ENTERED INTO A PARTIAL CONSENT DECREE WITH THE STATE OF ILLINOIS FOR PERFORMANCE OF THE RI/FS. U.S. EPA HAS APPROXIMATELY $400,000 IN OUTSTANDING COSTS FOR RESPONSE ACTION TAKEN AT THE SITE. THESE COSTS SHOULD BE COLLECTED TO REIMBURSE THE FUND AND FINANCE ADDITIONAL CLEANUPS. DEMAND LETTERS FOR EPA'S PAST COSTS WERE SENT TO A GROUP OF PRP'S ON JULY 19, 1997. AT ABOUT THE SAME TIME, THE DEPARTMENT OF JUSTICE SENT THE SAME GROUP OF PRP'S TOLLING AGREEMENT. THE PRP'S ARE EXPECTED TO RAISE THE THREE-YEAR STATUTE OF LIMITATIONS ON REMOVALS AS A DEFENSE TO THIS ACTION. THE TOLLING AGREEMENT WILL PRESERVE THE UNITED STATES' ARGUMENT THAT THE LIMITATIONS PERIOD HAS NOT RUN, WHILE PROVIDING THE PRP'S WITH THE OPPORTUNITY TO SETTLE EPA'S CLAIM.

Defendants (16)

• COLTEC INDUSTRIES, INC.Named in settlement
• INTERSTATE POLLUTION CONTROLNamed in settlement
• AMEROCK CORPORATIONNamed in settlement
• ANDERSON'S GARAGENamed in settlement
• BARBER-COLMAN CO.Named in settlement
• BEROL CORPORATIONNamed in settlement
• ELCO INDUSTRIES, INC.Named in settlement
• GATES CORPORATIONNamed in settlement
• GREENLEE TEXTRON INC.Named in settlement
• KEYSTONE CONSOLIDATED INDUSTRIES, INC.Named in settlement
• LAVERNE E. ANDERSONNamed in settlement
• LUCILLE ANDERSONNamed in settlement
• MARGARET JOHNSONNamed in settlement
• ROCKFORD PRODUCTS CORPORATIONNamed in settlement
• SUNDSTRAND CORPORATIONNamed in settlement
• WOODWARD GOVERNOR CO.Named in settlement

Facilities (1)

• INTERSTATE POLLUTION CONTROL INC

  MAGNOLIA & PEOPLES AVE, ROCKFORD, IL, 61108

  Registry ID: 110007561904

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• INTERSTATE POLLUTION COMPANYentered 1999-04-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-06-27Referred To Dept Of Justice
• 1997-06-27Complaint Filed With Court
• 1997-08-28Enforcement Action Data Entered
• 1999-01-04Final Order Lodged
• 1999-04-07Concluded
• 1999-04-07Enforcement Action Closed
• 1999-04-07Final Order Entered