EPA v. VULCAN LOUISVILLE SMELTING COMPANY - VACANT LOT

Case summary

VULCAN LOUISVILLE SMELTING COMANY (AKA THE VACANT LOT) NORTH CHICAGO, LAKE COUNTY, ILLINOIS CERCLIS ID #ILD-097-271-563; SITE SPILL ID# A527 DESCRIPTION: THE SITE IS A 6.4-ACRE PARCEL OF LAND LOCATED AT THE NORTH- EAST CORNER OF COMMONWEALTH AVENUE AND 22ND STREET IN NORTH CHICAGO, LAKE COUNTY, ILLINOIS. THE SITE IS TRANSECTED BY PETTIBONE CREEK, AN INTERMITTENT WATER BODY THAT LIES IN A RELATIVELY STEEP-SIDED RAVINE, AND ORIGINATES AT THE NORTH- WEST BOUNDARY OF SITE. THE CREEK FLOWS TO SOUTH ON SITE, AND EAST TO FINALLY MERGE INTO LAKE MICHIGAN (1.5 MILES FROM SITE). BACKGROUND: THE SITE WAS UTILIZED BY NEARBY INDUSTRIES FOR WASTE DISPO- SAL. THE SOURCE, QUANTITY, AND NATURE OF MATERIALS BROUGHT TO SITE WAS NOT WELL DOCUMENTED. REPORTS OF FOUNDRY SAND AND TAILINGS DEPOSITION AT SITE IS CONSISTENT WITH DESCRIPTIONS OF MATERIALS OBSERVED ON SITE. NUMEROUS SAMPLING EVENTS WERE CONDUCTED AT SITE SINCE 1984 BY STATE AND LOCAL OFFI- CIALS. ELEVATED LEVELS OF HEAVY METALS, CHLORINATED SOLVENT S, PAHS, PESTICIDES, AND PCBS WERE DETECTED IN ON-SITE SOIL SAMPLES. IN SEPTEMBER 1994, U.S. EPA CONDUCTED A SITE ASSESSMENT AT REQUEST OF ILLINOIS EPA. SEVERAL SOIL AND SED IMENT SAMPLES WERE COLLECTED, INCLUDING SAMPLES FROM LOCA- TION OF PREVIOUS UNDERGROUND FIRE INCIDENT. GENERALLY, ELEVATED LEVELS OF HEAVY METALS (INCLUDING ARSENIC, BERYLLIU M, AND LEAD), TCE, AND PCBS WERE DETECTED AT SITE. REMOVAL ACTION OBJECTIVES WERE DEVELOPED FOR THOSE AREAS OF SITE WHICH WERE DETERMINED TO EXCEED A RISK OF 1 IN 100,000, AN HI OF 1, OR FOR THOSE AREAS WHICH HAD A HIGH POTENTIAL TO RELEASE CONTAMINANTS TO ENVIRONMENT. NON-TIME CRITICAL (NTC REMOVAL ACTION) THE ACTION MEMORANDUM AUTHORIZING THE NTC REMOVAL ACTION WAS SIGNED ON MAY 6,1998. IT WAS SUBSEQUENTLY AMENDED IN SEPTEM BER 198. A CEILING INCREASE MEMORANDUM WAS AUTHORIZED ON DECEMBER 8, 1998. THE NTC REMOVAL ACTION START DATE WAS AUGUST 4, 1998, AND THE DEMOBILIZATION AND COMPLETION DATE WAS MAY 25, 1999. THE TOTALS FOR THE NTC REMOVAL ACTION ARE AS FOLLOWS: (1) 6,742 TONS OF NON-HAZARDOUS LEAD SOILS WERE EXCAVATED; (2) 36,052 TONS OF TCLP LEAD SOIL WERE EXCAVATED AND STABLIZED; (3) 2.042 TONS OF PCB/LEAD SOIL WERE EXCAVA- TED; AND (4) APPROXIMATELY 9,810 YARDS OF BACKFILL DIRT AND STONE WERE DELIVERED TO SITE. PROSPECTIVE PURCHASER AGREEMENT (PPA) U.S. EPA REFERRED TO THE DEPARTMENT OF JUSTICE FOR APPROVAL A PROPOSED CERCLA PPA AND RELATED CERCLA SECTION 122(G)(1) (B) DE MINIMIS LANDOWNER SETTLEMENT (AOC) FOR THE SITE. UNDER THE PROPOSED PPA AND AOC, BREMS REALTY, LLC WOULD PURCHASE THE VACANT LOT PROPERTY AND WOULD LEASE IT TO EMCO CHEMICAL DISTRIBUTORS, INC. (EMCO). EMCO, WHICH IS LOCATED ACROSS THE STREE FROM THE SITE, WOULD REDEVELOP THE PROPERTY TO EXPAND ITS OPERATIONS. EMCO WOULD ALSO PAY $35,000 TO ACQUIRE THE SITE. THOSE FUNDS WILL BE PAID INTO THE HAZAR- DOUS SUBSTANCES SUPERFUND TO HELP REIMBURSE U.S. EPA'S OUT- STANDING, UNRECOVERED PAST RESPONSE COSTS AT THE SITE. THE AOC PROVIDES THE CURRENT PROPERTY OWNERS WITH A COVENANT NOT TO SUE IN EXCHANGE FOR AGREEING THAT THE SALES PROCEEDS BE TURNED OVER TO THE SUPERFUND. THE U.S. EPA ISSED A COMFORT LETTER TO EMCO ON JUNE 7, 2000. PUBLIC COMMENT PERIOD ON PPA AND DE MINIMIS LANDOWNER SETTLEMENT ENDS WEDNESDAY, JULY 19, 2000. IF NOT COMMENTS ARE RECEIVED, A LETTER FOR THE U.S. EPA REGION 5 SUPERFUND DIVISION DIRECTOR'S SIGNATURE WILL BE PUT INTO SIGN-OFF AND, ONCE SIGNED, BOTH THE PPA AND THE DE MINIMIS WILL

Defendants (10)

• VACANT LOT SITE, NORTH CHICAGO, ILLINOISNamed in settlement
• THE NORTHERN TRUST COMPANY
• BREMS REALTY, L.L.C.Named in settlement
• CHICAGO TITLE AND TRUST COMPANY
• DOROTHY STACK SPAULDING
• EMCO CHEMICAL DISTRIBUTORS, INC.Named in settlement
• JOHN F. STACK RESIDUARY TRUST
• JOHN STACK, JR.;
• LAND TRUST NO 40966
• MARY STACK

Facilities (1)

• R LAVIN & SONS INCORPORATED

  2028 SHERIDAN ROAD, NORTH CHICAGO, IL, 60064

  Registry ID: 110011268788

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• VULCAN LOUISVILLE SMELTING COMPANYentered 2000-05-19

  Primary law: CERCLA

Timeline (2 milestones)

• 2000-05-19Final Order Issued
• 2000-09-26Enforcement Action Data Entered