EPA v. FANSTEEL, INC.

Case summary

LOCATION: THE FACILITY IS SITUATED ON A NINE-ACRE SITE LOCATED ON THE NORTH SIDE OF 22ND STREE BETWEEN COMMONWEALTH AVENUE AND SHERIDAN ROAD IN THE CITY OF NORTH CHICAGO, LAKE COUNTY ILLINOIS (THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 12 EAST). THE SITE IS CURRENTLY BORDERED TO THE NORTH BY A RESIDENTIAL AREA, TO THE EAST AND SOUTH BY INDUSTRIAL SITES AND TO THE WEST BY A VACANT LOT. HISTORY: ACCORDING TO THE BOOK, $2500 AND A DREAM (THE HIS- TORY OF FANSTEEL, INC.), THE FACILITY DATES BACK TO 1942 WHEN THE U.S. GOVERNMENT AUTHORIZED AND FINANCED ITS CON- STRUCTION. THE CONSTRUCTION OF THIS FACILITY WAS ACTUALLY AN EXPANSION OF THE ALREADY-EXISTING FANSTEEL FACILITY, LO- CATED SOUTH OF 22ND STREET. THE NEW FACILITY WAS TO UTILIZE UPGRADED AND MECHA-NIZED EQUIPMENT FOR THE PRODUCTION OF TANTALUM (IMPORTANT IN THE PRODUCTION OF MUNITIONS). AT THAT TIME THE FACILITY WAS OWNED BY THE TANTALUM DEFENSE CORPORATION, A SUBSIDIARY OF FANSTEEL. PRESENTLY, IT IS NOT KNOWN HOW THE SITE WAS UTILIZED PRIOR TO 1942. HOWEVER, AVAILABLE HISTORICAL SOURCES (SANBORN MAPS AND LAKE COUNTY PLAT BOOKS) SHOW NO COMMERCIAL OR IN- DUSTRIAL DEVELOPMENT AT THE SITE PRIOR TO THAT YEAR. ACCOR- DING TO JACK BEYER, FANSTEEL'S ENVIRONMENTAL CONSULTANT, THE NORTH FACILITY CONTINUED OPERATIONS, PRODUCING TANTALUM MILL PRODUCTS AND FORMING NON-FERROUS METALS, UNTIL NOVEMBER OF 1990 WHEN PRODUCTION AT THE FACILITY CEASED. BEYER STATED THAT THE FACILITY WILL REMAIN AS THE COMPANY'S CORPORATE HEADQUARTERS AND THEREFORE, SEVERAL OFFICES WILL CONTINUE TO OPERATE AT THE SITE. SOUTH FACILITY: ACCORDING TO AGENCY RECORDS THE SOUTH FACILI TY (LOCATED SOUTH OF 22ND STREET) WAS OWNED BY FANSTEEL, INC . UNTIL DECEMBER OF 1986 WHEN IT WAS SOLD TO FEDERAL CHICAGO CORPORATION. THIS PORTION OF THE FACILITY COMPLETED RESOURCE CONSERVATION AND RECOVERY ACT (RCRA CLOSURE IN THE SPRING OF 1987. AGENCY RECORDS INDICATE THAT THE IEPA HAS BEEN INVOLVED WITH THIS FACILITY SINCE AT LEAST THE EARLY 1970'S, AS THE FACILITY APPLIED FOR VARIOUS OPERATING PERMIT S AND WAS SUBJECT TO ROUTINE INSPECTIONS. INCLUDED IN THE AGENCY RECORDS IS A 1972 OPINION OF THE ILLINOIS POLLUTION CONTROL BOARD (THE BOARD) STATING THAT DISCHARGES FROM THE FANSTEEL FACILITY INTO NEARBY PETTIBONE CREEK WERE HAVING A DETRIMENTAL EFFECT ON THE STREAM. AS A RESULT, THE BOARD ORDERED FANSTEEL TO PRETREAT ITS RESTRICTING THE DISCHARGE INTO PETTIBONE CREEK. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA): ACCORDING TO AGENCY RECORDS, FANSTEEL, INC. FILED A RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) PART-A PERMIT IN NOVEMBER OF 1980 AND SUBSEQUENTLY APPLIED FOR THE RCRA PART-B PERMIT. WHILE WAITING FOR APPROVAL AND MAKING MODIFICATIONS TO ITS PART-B APPLICATION, FANSTEEL, INC. OPERATED UNDER INTERIM STATUS. THE FACILITY CONTINUED TO OPERATE UNDER INTERIM STATUS UNTIL JANUARY OF 1991 WHEN THE RCRA PART-B APPLICATION WAS WITH- DRAWN. ACCORDING TO BEYER, THE TANKS WERE REMOVED IN THE SUMMER OF 1990. CLOSURE RECORDS INDICATE THAT VARIOUS SAMPLING EVENTS HAVE REVEALED SOIL CONTAMINATION IN THE TANK AREA. ANALYTI- CAL RESULTS FROM THE AUGUST, 1990 SAMPLING EVENT REVEAL CON- TAMINATION TO A DEPTH OF 20 FEET. SITE INVESTIGATION: A SITE INVESTIGATION WAS CONDUCTED ON JANUARY 17, 1991, BY IEPA PERSONNEL. THOSE PRESENT WERE JUDY TRILLER, GREG DUNN AND BOB CASPER OF THE IEPA'S

Defendants (1)

• FANSTEEL, INC.Named in settlement

Facilities (1)

• R LAVIN & SONS INCORPORATED

  2028 SHERIDAN ROAD, NORTH CHICAGO, IL, 60064

  Registry ID: 110011268788

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• FANSTEEL, INC.entered 2000-09-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2000-09-21Final Order Issued
• 2000-09-26Enforcement Action Data Entered