EPA v. LENZ OIL SERVICE, INC. CONSENT DECREE (CERCLA)

Case summary

LENZ OIL SERVICES, INC., WHICH IS NOW DEFUNCT, OPERATED A WASTE OIL AND SOLVENT RECYCLING, STORAGE AND TRANSFER FACILI TY FROM APPROXIMATELY 1961 TO 1985. THE LENZ OIL SITE IS LOCATED IN AN UNINCORPORATED AREA OF SOUTHWEST DU PAGE COUNTY, APPROXIMATELY TWO MILES NORTHEAST OF THE VILLAGE OF LEMONT, ILLINOIS, TWO MILES SOUTH OF THE VILLAGE OF BURR RIDGE, ILLINOIS, AND ONE MILE EAST OF ARGONNE NATIONAL LABORATORY. THE FACILITY PROPERTY WEHRE LENZ OPERATED IS BOUNDED BY JEANS ROAD TO THE SOUTH, ROUTE 83 TO THE WEST, OPEN LAND TO THE EAST, AND THE ATCHISON, TOPEKA, AND SANTA FE RAILROAD TO THE NORTH. THE LENZ OIL SITE CONSISTS OF THE LENZ OIL FACILITY PROPERTY AND CONTIGUOUS PROPERTY CONTAIN- ING CONTAMINATION ORGINATING FROM THE LENZ OIL PROPERTY. CURRENTLY, SHALLOW AQUIFER CONTAMINATION EXTENDS FROM THE LENZ OIL PROPERTY'S SOUTHERN EDGE SOUTH TO APPROXIMATELY 250 FEET SOUTH OF JEAN ROAD, COVERING AN AREA OF APPROXIMATELY 1.5 ACRES. APPROXIMATELY 400 FEET FURTHER SOUTHEAST IS THE CLOSEST SIGNIFICANT SURFACE WATER BODY, THE DES PLAINES RIVER. RECORDS INDICATE THAT A SIGNIFICANT PORTION OF THE LENZ OIL SITE IS PART OF THE DES PLAINES RIVER'S 100-YEAR FLOOD PLAIN. THERE ARE ALSO THREE ISOLATED SOIL CONTAMINA- TION AREAS: (1) A DITCH ALONG THE NORTHERN EDGE OF THE FACI- LITY, (2) SOILS SURROUNDING A MONITORING WELL WITHIN THE EMERGENCY RESPONSE EXCAVATION AREA, AND (3) SOILS ALONG THE SOUTHERN EDGE OF THE PROPERTY. LENZ OIL SUBMITTED A RCRA PART A PERMIT APPLICATION TO U.S. EPA ON NOVEMBER 19, 1980. IN JULY 1981, THE ILLINOIS EPA ISSUED A DEVELOPMENT PERMIT FOR LENZ OIL TO OPERATE AS A WASTE MANAGEMENT FACILITY. IN 1982, U.S. EPA CITED THE FACILITY FOR OPERATING AS A RCRA HAZARDOUS WASTE FACILITY WITHOUT HAVING AN INTERIM STATUS PERMIT. ALTHOUGH THE FACILITY OWNER THEN SUBMITTED AN APPLICATION FOR THE REQUIR ED RCRA PERIT AS PART OF A DECEMBER 1982 SETTLEMENT, THE FACILITY OWNER REQUESTED WITHDRAWAL OF THE PERMIT APPLICA- TION ON NOVEMBER 13, 1984, SAYING THAT THE FACILITY NO LONG ER HANDLED HAZARDOUS WASTE. FOLLOWING A 1985 ILLINOIS EPA INSPECTION, LENZ OIL ENTERED INTO AN ORDER WITH ILLINOIS EPA ON MAY 22, 1985, AGREEING TO PREPARE AND IMPLEMENT A CLEAN- UP AND CLOSURE PLAN FOR THE SITE. LENZ OIL FAILED TO CARRY OUT MAJOR PORTIONS OF THE COURT ORDER AND, IN APRIL 1986, FILED FOR BANKRUPTCY. ILLINOIS EPA RESPONSE ACTIONS BETWEEN 1985 AND 1988, ILLINOIS EPA UNDERTOOK A $9 MILLION HAZARDOUS WASTE REMOVAL ACTION AT THE FACILITY'S SURFACE, MIGRATING THE IMMEDIATE THREAT TO PUBLIC HEALTH AND THE ENVIRONMENT. THE ILLINOIS EPA ACTIONS INCLUDED (1) INCINERA TING ALL DRUMS, TANKS, AND TANK-TRUCK CONTENTS; (2) SHRED- DING AND INCINERATING 200 DRUMS, AND DECONTAMINATING AND REMOVING THREE 50,000-GALLON, UNLINED UNDERGROUND STORAGE TANKS AND SEVERAL TANK TRUCKS; (3) REMOVING 35 ABOVE-GROUND STRUCTURES; AND (4) EXCAVATING AND INCINERATING 21,000 TONS OF CONTAMINATED SOIL. ILLINOIS EPA AQUIFER SAMPLING RESULTS IDENTIFIED HAZARDOUS WASTES IN THE AQUIFER AT AND BEYOND THE LENZ FACILITY. ILLINOIS EPA PROTECTED PRIVATE WATER WELL USERS IN THE VICINITY BY CONNECTING THEM TO MUNICIPAL WATER SUPPLY, AND REQUESTING THAT THE U.S. EPA LIST THE SITE ON THE SUPERFUND'S NATIONAL PRIORITIES LIST TO ADDRESS AQUIFER AND ANY OTHER SITE CONTAMINATION. CERCLA RESPONSE ACTIONS IN SEPTEMBER 1989, U.S. EPA LISTED THE SITE ON THE NPL. ON NOVEMBER 23, 1989, 184 PRPS AGREED TO CONDUCT THE SITE'S REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) BY ENTERING INTO AN ADMINISTRATIVE ORDER ON CONSENT WITH U.S. EPA AND ILLINOIS. THE LENZ SITE PRPS COMPLETED THE RI AND SUBMITTED A RI REPORT IN OCTOBER 1922. THE PRPS CONTINUED SAMPLING OVER THE FOLLOWING YEARS,

Defendants (64)

• SEARS, ROEBUCK AND COMPANYNamed in complaintNamed in settlement
• TOYOTA WEST, INC.Named in settlement
• UNION SPECIAL CORPORATIONNamed in complaintNamed in settlement
• ZELLMER TRUCK LINES, INC.Named in complaintNamed in settlement
• LAURA MOTORS INCORPORATEDNamed in complaintNamed in settlement
• A & W AUTO TIRES & SERVICENamed in complaintNamed in settlement
• AAMCO TRANSMISSION, AURORA (R.R.E.W.)Named in complaintNamed in settlement
• AAMCO TRANSMISSION, CHICAGO HEIGHTSNamed in complaintNamed in settlement
• AAMCO TRANSMISSION, DES PLAINESNamed in complaintNamed in settlement
• AAMCO TRANSMISSION, LISLENamed in complaintNamed in settlement
• AIR LIQUIDS CORP.Named in complaintNamed in settlement
• ALL BRAKE AND DRIVE UNIT SERVICE, INC.Named in complaintNamed in settlement
• ALLIED TUBE AND CONDUITNamed in complaintNamed in settlement
• NORTHERN ILLINOIS PUBLIC SERVICENamed in complaintNamed in settlement
• SEYLLER TRANSPORT INC.Named in complaintNamed in settlement
• KAYSER FORD, INC.Named in complaintNamed in settlement
• KMART CORPORATION
• KRANZ SERVICE INC., JOHN KRANZ, AND TOMNamed in complaintNamed in settlement
• LAKAR ENTERPRISES, INC.Named in complaintNamed in settlement
• LAKAR ENTERPRISES, INC., D/B/A ROMINES
• LAUREL MOTORS, INC.
• LEWIS UNIVERSITY AVIATION SERVICESNamed in complaintNamed in settlement
• MADISON GAS AND ELECTRIC COMPANYNamed in complaintNamed in settlement
• MCALLISTER EQUIPMENT COMPANYNamed in complaintNamed in settlement
• MCGILL MANUFACTURING COMPANY, INC.Named in complaintNamed in settlement
• …and 39 more

Facilities (3)

• LENZ OIL SERVICES, INC.

  RTE 83 & JEANS RD, LEMONT, IL, 60439

  Registry ID: 110018131537

• LENZ OIL SERVICE, INC.

  STATE ROUTE 83 AND JEANS RD, LEMONT, IL, 60439

  Registry ID: 110060507508

• LENZ OIL SERVICE, INC.

  RTE 83 & JEANE RD, LEMONT, IL, 60439

  Registry ID: 110018131537

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LENZ OIL SERVICE, INC. CONSENT DECREEentered 2002-08-14

  Primary law: CERCLA

Timeline (5 milestones)

• 2001-04-03Referred To Dept Of Justice
• 2001-04-24Enforcement Action Data Entered
• 2002-05-30Complaint Filed With Court
• 2002-05-30Final Order Lodged
• 2002-08-14Final Order Entered