EPA v. EVERGREEN MANOR GROUNDWATER CONTAMINATION SITE

Case summary

THE EVERGREEN MANOR SITE IS LOCATED APPROXIMATELY 1.5 MILES NORTHWEST OF THE VILLAGE OF ROSCOE IN WINNEBAGO COUNTY, ILLINOIS, IN THE SOUTH 1/2 OF SECTION 16, THE WEST 1/2 OF SECTIONS 21AND 29, AND THE EAST 1/2 OF SECTIONS 20 AND 30, TOWNSHIP 46 NORTH, RANGE 2 EAST. THE SITE IS CURRENTLY DEFINED BY THE AREAL EXTENT OF GROUNDWATER CONTAMINATION IN THIS AREA. THE SITE INCLUDES APPROXIMATELY 250 HOMES WITH AN ESTIMATED TOTAL POPULATION OF 700 PERSONS. MORE SPECI- FICALLY, THE AREA ADDRESSED BY THIS NTC REMOVAL ACTION INCLUDES PROPERTIES LOCATED IN THE RESIDENTIAL AREAS OF EVERGREEN MANOR SUBDIVISION, HONONEGAH HEIGHTS SUBDIVISION, AND THE OLDE FARM SUBDIVISION. GROUNDWATER SAMPLES TAKEN BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (ILLINOIS EPA), THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH, AND U.S. EPA REVEAL THAT THE SITE IS CONTAMINATED WITH TRICHLORO- ETHENE (PCE) IN EXCESS OF MAXIMUM CONTAMINANT LEVELLS (MLC). CONCENTRATIONS OF TCE IN SAMPLES COLLECTED FROM THE SITE HAVE RANGED FROM A HIGH OF 90.9 PPB IN 1991 TO A HIGH OF 18 PPB IN 1998. CONCENTRATION OF PCE IN SAMPLES COLLECTED FROM THE SITE HAVE RANGED FROM A HIGH OF 5.8 PPB IN 1991 TO A HIGH OF 5.3 PPB. THE MCL FOR TCE AND PCE IS 5 PPB. ON JULY 28, 1998, U.S. EPA PROPOSED THE EVERGREEN MANOR SITE FOR THE SUPERFUND NATIONAL PRIORITIES LIST OF HAZARDOUS WASTE SITES. SITES ON THE LIST ARE ELIGIBLE FOR LONG-TERM CLEANUP UNDER THE SUPERFUND PROGRAM. AN ENGINEERING EVALUATION/COST ANALYSIS (EE/CA) WAS COM- PLETED BY THE EPA IN NOVEMBER 1998. THE EE/CA EVALUATED THREE OPTIONS TO ABATE THE THREAT(S) TO HUMAN HEALTH FROM EXPOSURE TO CONTAMINATED DRINKING WATER: 1) CONSTRUCTION OF A WATER MAIN EXTENSION PROJECT TO BRING POTABLE WATER FROM THE NORTH PARK PUBLIC WATER DISTRICT TO THE INDIVIDUAL RE- SIDENCES THREATENED BY CONTAMINATED WATER: 2) POINT-OF-ENTRY RESIDENTIAL TREATMENT INVOLVING THE USE OF CARBON FILTERS AT THE OUTLET OF THE WELL; AND 3) POINT-OF-USE RESIDENTIAL TREATMENT INVOLVING THE USE OF CARBON FILTERS AT THE KITCHEN FAUCET. ON MARCH 2, 1999, U.S. EPA ISSUED AN ACTION MEMORANDUM FOR A NON-TIME CRITICAL (NTC) REMOVAL ACTION AT THE EVERGREEN MANOR SITE, WINNEBAGO COUNTY, ILLINOIS. THE NTC REMOVAL ACTION CALLS FOR THE CONSTRUCTION OF A WATER EXTENSION FROM THE NORTH PARK PUBLIC WATER DISTRICT TO THE AFFECTED RESIDENTS.

Defendants (5)

• ECOLAB, INC.Named in settlement
• EVERGREEN MANOR GROUNDWATERNamed in complaintNamed in settlement
• REGAL-BELOIT CORPORATIONNamed in settlement
• WASTE MANAGEMENT OF ILLINOIS INC.Named in settlement
• WASTE MANAGEMENT OF WISCONSIN INC.Named in settlement

Facilities (1)

• EVERGREEN MANOR GROUND WATER CONTAMINATION

  MCCURRY ROAD AND ELEVATOR ROAD, WINNEBAGO, IL, 61088

  Registry ID: 110009335969

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• EVERGREEN MANOR GROUNDWATER CONTAMINATIONentered 1999-03-19

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-03-19Final Order Issued
• 1999-10-12Enforcement Action Data Entered