EPA v. REILLY INDUSTRIES, INC.

Case summary

THIS PRE-REFERRAL WAS SENT TO DOJ ON 5-8-97 FOR THE THIRD, FOURTH AND FIFTH OPERABLE UNITS AT THE SITE. THE SITE WAS LISTED ON THE NPL IN 1984. A CONSENT ORDER FOR RI/FS WAS ENTERED WITH REILLY TAR (THE OWNER, OPERATOR AND SOLE PRP AT THE SITE) IN 1987. THE FACILITY HAS SINCE CHANGED ITS NAME TO REILLY INDUSTRIES, INC. THE REILLY FAMILY HAS VARIOUS COMPANIES WHICH HAVE OWNED THE SITE AND CONDUCTED OPERATIONS THERE UNDER VARIOUS CORPORATE FORMS SINCE 1921. THE FACILITY WAS ORIGINALLY A CREOSOTER, BUT HAS SINCE BE- COME A COAL TAR DISTILLATION FACILITY AND, FOR ABOUT FIFTY YEARS HAS OPERATED AS A MANUFACTURER OF SPECIALTY CHEMICALS, PRINCIPALLY THE CUSTOM DESIGN AND SYNTHESIS OF PYRIDINES AND PYRIDINE DERIVATIVES FOR THE AUTOMOTIVE INDUSTRY. THE SITE SOIL AND GROUNDWATER HAS BEEN EXTENSIVELY CONTAMINATED WITH BENZENE, PYRIDINE, AMMONIA AND CARCINOGENIC POLYNUCLEAR AROMATIC HYDROCARBONS. OPERABLE UNITS ONE AND TWO HAVE BEEN IMPLEMENTED UNDER TWO PREVIOUS CONSENT DECREES ENTERED IN 1993 AND 1995. REILLY HAS AGREED IN THOSE DECREES TO PAY ALL PAST AND FUTURE COSTS AT THE SITE AND CONTINUES TO PAY THOSE BILLS SENT BY EPA FOR ALL UNREIMBURSED COSTS INCURRED. THE 3RD, 4TH, AND 5TH OPERABLE UNITS COVERED BY THIS PREREFERRAL WILL ADDRESS THE ONLY REMAINING OPERABLE UNITS AT THE SITE, INCLUDING ALL SOIL AND GROUNDWATER CONTAMINATION NOT ADDRESSED BY THE PREVIOUSLY ENTERED CONSENT DECREES.

Defendants (1)

• REILLY INDUSTRIESNamed in complaintNamed in settlement

Facilities (6)

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

• VERTELLUS AGRICULTURE & NUTRITION LLC

  1500 S. TIBBS AVE., INDIANAPOLIS, IN, 462420912

  Registry ID: 110000397516

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• REILLY INDUSTRIES, INC.entered 1998-11-12

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-05-08PRN Sent
• 1997-05-08Referred To Dept Of Justice
• 1997-10-17Enforcement Action Data Entered
• 1998-09-29Final Order Lodged
• 1998-09-29Complaint Filed With Court
• 1998-11-12Final Order Entered
• 2011-06-09Supplemental Referral to DOJ for Consent Decree Enforcement-Sent