EPA v. REILLY INDUSTRIES, INC.

Case summary

THE PROPOSE CONSENT DECREE FOR THE REILLY TAR AND CHEMICAL SITE PROVIDES FOR THE SETTLING DEFENDANT TO IMPLEMENT THREE OPERABLE UNIT REMEDIAL ACTIONS VALUED AT APPROXIMATELY $2,500,000 AT THIS SITE PURSUANT TO RECORDS OF DECISION SIGNED ON SEPTEMBER 27, 1996, FOR THE THIRD AND FOURTH OPERABLE UNIT AT THE SITE. THESE REMEDIAL ACTIONS REQUIRE THE USE OF SOIL VAPOR EXTRATION ( SVE ) TREATMENT OF CONTAMINATED SOILS, THE PLACEMENT OF APPROPRIATE FINAL COVERS OVER ALL REMAINING SOIL CONTAMINATION AT THE PROPERTY , THE RECORDING OF USE RESTRICTIONS ON THE PROPERTY AS AN INSTITUTIONAL CONTROL, AS WELL AS CONTINUED PUMPING AND TREATMENT OF GROUND WATER UNTIL CLEANUP STANDARDS ARE ATTAINED, AND CONTINUED GROUNDWATER MONITORING OF THE CONTAMINANT PLUME. THESE ACTIONS WILLBE TAKEN AT THIS SITE. THE SETTLING DEFENDANT HAS ALREADY IMPLEMENTED THE FIRST (INTERIM REMEDIAL MEASURE) OPERABLE UNIT REMEDIAL ACTION AT THE SITE, PURSUANT TO A CONSENT DECREE ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, ON JANUARY 20, 1994, WHICH REQUIRED DESIGN AND INSTALLATION OF A SYSTEM OF WELLS TO ISOLATE THE SITE GROUNDWATER AND PREVENT FURTHER OFF-SITE MIGRATION OF CONTAMINATION IN THE GROUNDWATER. THAT SYSTEM IS OPERATING EFFECTIVELY. THE SETTLING DEFENDANT HAS ALSO ALREADY COMPLETED THE WORK REQUIRED UNDER THE SECOND OPERABLE UNIT CONSENT DECREE, WHICH WAS ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, FEBRUARY 6, 1995. THAT DECREE REQUIRED THE EXCAVATIN AND TREATMENT BY THERMAL DESORPTION OF HOT SPOTS OF CONTAMINAT- ED SOILS AT FOUR FORMER WASTE DISPOSAL AREAS ON SITE, AS WELL AS THE IN-SITU STABILIZATION OF TAR SLUDGES AT A FIFTH FORMER WASTE DISPOSAL AREA ON SITE. THAT REMEDIAL ACTION ALSO REQUIRED THE PLACEMENT OF APPROPRIATE FINAL COVERS AT ALL FIVE FORMER WASTE DISPOSAL AREAS AFTER TREATMENT HAD ATTAINED THE PERFORMANCE STANDARDS SET FORTH IN THE RECORD OF DECISION SIGNED ON SEPTEMBER 30, 1993.

Defendants (1)

• REILLY INDUSTRIES, INC.Named 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 1998-09-19

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-06-30Referred To Dept Of Justice
• 1998-07-29Enforcement Action Data Entered
• 1998-09-10Final Order Lodged
• 1998-09-10Complaint Filed With Court
• 1998-09-19Final Order Entered
• 2008-03-31Enforcement Action Closed