EPA v. DAN RYAN & 47TH STREET ADMIN ORDER ON CONSENT (CERCLA)

Case summary

ON AUGUST 8, 2001, A SEMI-TRUCK AND TRAILER HEADED EAST-BOUND ON THE DAN RYAN EXPRESSWAY OVERTURNED ON THE HIGHWAY AT THE 47TH STREET OVERPASS IN CHICAGO, AND SPILLED ITS CONTENTS OF DRY AZODICARBONAMIDE. EPA INCURRED RESPONSE COSTS IN CONTAINING AND ADDRESSING THE IMPACTS OF THE SPILL. AS OF MARCH 31, 2005, EPA'S RESPONSE AND ENFORCEMENT COSTS FOR THE SITE WERE $190,422.03. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, SETTLING PARTIES, GUSTAVO AND GUADALUPE MARTINEZ, MENCHACA TRANSPORT EXPRESS, AND BIDDLE SAWYER CORPORATION, SHALL PAY $90,000.00 TO EPA. IF THE SETTLING PARTIES FAIL TO MAKE ANY PAYMENT BY THE REQUIRED DUE DATE, INTEREST SHALL CONTINUE TO ACCRUE ON THE UNPAID BALANCE THROUGH THE DATE OF PAYMENT. IF ANY AMOUNTS DUE TO EPA ARE NOT PAID BY THE REQUIRED DATE, SETTLING PARTIES SHALL BE IN VIOLATION OF THIS AGREEMENT AND SHALL PAY TO EPA, AS A STIPULATED PENALTY, IN ADDITION TO THE INTEREST, $100 PER VIOLATION PER DAY THAT SUCH PAYMENT IS LATE.

Defendants (3)

• GUSTAVO AND GUADALUPE MARTINEZNamed in complaintNamed in settlement
• BIDDLE SAWYER CORPORATIONNamed in complaintNamed in settlement
• MENCHACA TRANSPORT EXPRESSNamed in complaintNamed in settlement

Facilities (1)

• DAN RYAN & 47TH STREET

  47TH STREET, CHICAGO, IL, 60609

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• DAN RYAN & 47TH STREET ADMIN ORDER ON CONSENT (CERCLA)entered 2005-08-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-08-18Final Order Issued
• 2005-09-26Enforcement Action Data Entered