EPA v. TOWER HILL ROAD SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS SITE IS LOCATED WITHIN THE BOUNDS OF AN APPROXIMATELY 4.99 ACRE PARCEL OF REAL PROPERTY. IT IS CURRENTLY OWNED BY NEXTMEDIA OPERATING, INC. U.S. EPA HAS BEEN ADVISED BY LOCAL RESIDENTS THAT LEAD BATTERY RECYCLING OPERATIONS WERE CONDUCTED ON THIS SITE DURING THE LATE 1960'S AND 1970'S. THE LABORATORY ANALYSIS HAS CONCLUDED THAT LEAD IS PRESENT IN SOILS ON THE GILBERTS/KEDZIE SITE JUST NORTH OF THE SITE IN CONCENTRATIONS UP TO 120,000 PPM. ON JUNE 3 AND 4, 2004, THE XRF DETECTED LEAD CONCENTRATIONS AT UP TO 33,807 PPM IN SURFACE SOIL AT OU2. ANALYSIS OF SOIL SAMPLES COLLECTED FROM OU1 ALSO INDICATED HIGH CONCENTRATIONS OF LEAD CONTAMINATION. SOIL BORING 185 CONTAINED LEAD IN A CONCENTRATION OF 65,516 PPM; SOIL BORING 180 CONTAINED LEAD IN A CONCENTRATION OF 92,808 PPM. ON JULY 23, 2004, U.S. EPA MET ON THE TOWER HILL ROAD SITE-OU1 WITH REPRESENTATIVES OF THE IL EPA, THE IL OFFICE OF THE ATTORNEY GENERAL, THE OFFICE OF THE STATE'S ATTORNEY OF KANE COUNTY, IL, AND THE VILLAGE OF GILBERTS. DURING THE MEETING, U.S. EPA REPRESENTATIVES OBSERVED AN EXCAVATION APPROXIMATELY 40 FEET WIDE, 90 FEET LONG AND 4 FEET DEEP. AN INTACT 55-GALLON DRUM OF UNKNOWN CONTENTS WAS LOCATED IN THE SOUTH WALL OF THE EXCAVATION. THE WALLS OF THE EXCAVATION CONTAINED LARGE QUANTITIES OF BLACK PLASTIC BATTERY CASING FRAGMENTS. LEAD EXPOSURE BY INHALATION AND/OR INGESTION MAY POSE AN ADVERSE RISK TO HUMAN HEALTH. U.S. EPA HAS PREPARED AN ACTION MEMORANDUM FOR THE SITE AND IS IN THE PROCESS OF SECURING FUNDING FOR THAT CLEANUP. RESPONDENT HAS AGREED TO REMEDIATE THE TOWER HILL ROAD SITE-OU1 TO A CLEANUP LEVEL OF 400 PPM OF LEAD. FOR EACH CALENDAR DAY, OR PORTION THEREOF, THAT RESPONDENT FAILS TO FULLY PERFORM ANY REQUIREMENT OF THIS ORDER IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED PURSUANT TO THIS ORDER, RESPONDENT SHALL BE LIABLE.

Defendants (1)

• NEXTMEDIA OPERATING, INC.Named in complaintNamed in settlement

Facilities (1)

• TOWER HILL ROAD SITE

  114 TOWER HILL RD., GILBERTS, IL, 60136

  Registry ID: 110017945697

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TOWER HILL ROAD SITE ADMIN ORDER ON CONSENT (CERCLA)entered 2004-11-29

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-11-29Final Order Issued
• 2005-07-15Enforcement Action Data Entered