EPA v. PRECISION CHROME, INC.

Case summary

THE SITE WAS OWNED AND OPERATED BY A MAN RUMMING THIS OWN BUSINESS WHO ACCEPTED SPENT PLATING WASTE (CHROMIC ACID) FROM PRECISION CHROME, INC., LOCATED IN FOX LAKE, IL, IN ORDER TO PRODUCE CLEANING AGENTS. OPERATINGS BEGAIN IN APPROXIMATELY 1987 AND CEASED IN APPROXIMATELY 1993. THE BUILDING WAS THEN ABANDONED WITH THE HAZARDOUS SUBSTANCES INSIDE. THERE WERE 4 PRPS ASSOCIATED WITH THE SITE AT THE TIME OF THE REMOVAL ACTION. UNDER AN AOC DATED 8/29/95, PRECISION CHROME, INC. AGREED TO DISPOSE OF ITS WASTES LEFT AT THE SITE, AND AGREED TO REIMBURSE U.S. EPA ITS OVERSIGHT COSTS. PRECISION CHROME COULD NOT AFFORD TO PERFORM THE ENTIRE REMOVAL ACTION, AND THIS FACT WAS VERIFIED BY A U.S. EPA REVIEW OF PRECISION CHROME'S SUBMITTED FINANCIAL DOCUMENTS. AFTER THE REMOVAL OF ITS WASTE, PRECISION CHROME REIMBURSED U.S. EPA $40,025.07 IN OVERSIGHT COSTS, AND $342.58 IN INTEREST THAT THAD ACCRUED. U.S. EPA FUNDED THE REMAINDER OF THE REMOVAL ACTION IN THE AMOUNT OF $1,346,154.99 BECAUSE THE REMAINING PRPS WERE NOT FINANCIALLY VIABLE. TWO ADDITIONAL PRPS WERE INCLUDED IN A DEMAND LETTER ISSUED AT THE SAME TIME AS A DEMAND LETTER TO PRECISION CHROME, INC. AT THAT TIME, PRECISION CHROME, INC. NEGOTIATE D A FINAL SETTLEMENT WITH THE AGENCY FOR $95,000.00 A SECOND ABILITY TO PAY ANALYSIS WAS PERFORMED TO VERIFY PRECISION'S CLAIM THAT IT COULD NOT REIMBURSE U.S. EPA THE TOTAL AMOUNT OF THE UNRECOVERED COSTS. THE TWO NEW PRPS DID NOT COME FORWARD WITH AN OFFER TO REIMBURSE U.S. EPA, AND THERE WAS NOT ENOUGHT LIABILITY EVIDENCE AGAINST THEM TO REFER THE SITE TO DOJ FOR RECOVERY OF COSTS. OF THE TOTAL COSTS ASSOCIATED WITH THE REMOVAL ACTION, PRECISION CHROME DISPOSED OF ITS OWN WASTES FOR A SAVINGS TO THE SUPERFUND OF COST OF $830,375.00 UNDER THE AOC. THEN PRECISION REIMBURSED U.S. EPA $40,367.65 IN OVERSIGHT COSTS AND INTEREST. FINALLY, PRECISION CHROME HAS AGREED TO REIMBURSE U.S. EPA $95,000 TOWARDS ITS TOTAL UNRECOVERED COSTS. THE FINAL AMOUNT SAVED THE SUPERFUND BY PRECISION CHROME IS $218,442.65, LEAVING $1,251.154.99 IN UNRECOVERED COSTS WHICH WILL BE CLOSED OUT.

Defendants (1)

• PRECISION CHROME, INC.Named in complaintNamed in settlement

Facilities (1)

• USEPA/DAVID CHEMICAL SITE

  4650 W 5TH AVE, CHICAGO, IL, 60644

  Registry ID: 110005802382

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• PRECISION CHROME, INC.entered 1999-01-07

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-01-07Final Order Issued
• 1999-04-12Enforcement Action Data Entered
• 1999-07-16Enforcement Action Closed