EPA v. STERLING MORTON HIGH SCHOOL ADMIN SETTLEMENT AGREEMENT AND ORDER (CERCLA)

Case summary

BETWEEN 2000 AND 2002 THE SCHOOL DISTRICT PURCHASED THE PROPERTIES COMPRISING THE SITE FOR THE DEVELOPMENT OF A NEW HIGH SCHOOL CAMPUS. DURING THE REDEVELOPMENT OF THE PROPERTIES THE SCHOOL DISTRICT DETERMINED THAT THE NATURE AND EXTENT OF CONTAMINATION OF SURFACE AND SUBSURFACE SOILS AT THE SITE WAS SIGNIFICANTLY GREATER THAN ANTICIPATED, AND THREATENED THE HEALTH AND SAFETY OF APPROXIMATELY 1800 STUDENTS WHO WOULD BE ATTENDING THE SCHOOL. FROM APRIL THROUGH JULY 2004, U.S. EPA UNDERTOOK A REMOVAL ACTION AT THE SITE. SUBSEQUENT TO THE 2004 REMOVAL ACTION, ON SEPTEMBER 29, 2004, AN ACTION MEMORANDUM SOUGHT AND GAINED APPROVAL FOR U.S. EPA TO UNDERTAKE A TIME-CRITICAL REMOVAL ACTION AT THE SITE. ON DECEMBER 7, 2004, U.S. EPA SENT GENERAL NOTICES OF POTENTIAL LIABILITY TO AMPHENOL CORPORATION, HONEYWELL INTERNATIONAL INCORPORATED, GETRONICS, AND THE SCHOOL DISTRICT. ON JANUARY 24, 2005, U.S. EPA SENT A GENERAL NOTICE OF POTENTIAL LIABILITY TO CSX TRANSPORTATION, INC. BASED UPON THE FOREGOING FINDINGS OF FACT, IT IS HEREBY ORDERED AND AGREED THAT RESPONDENTS SHALL COMPLY WITH ALL PROVISIONS OF THIS SETTLEMENT AGREEMENT. WITHIN 30 DAYS OF THE EFFECTIVE DATE, RESPONDENTS SHALL PAY TO U.S. EPA THE SUM OF $56,443.97 FOR PAST RESPONSE COSTS. RESPONDENTS SHALL PAY U.S. EPA ALL FUTURE RESPONSE COSTS NOT INCONSISTENT WITH THE NCP. RESPONDENTS SHALL BE LIABLE TO U.S. EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SETTLEMENT AGREEMENT.

Defendants (5)

• J. STERLING MORTON HIGH SCHOOL DISTRICT 201Named in complaintNamed in settlement
• AMPHENOL CORPORATIONNamed in complaintNamed in settlement
• HONEYWELL INTERNATIONAL INCORPORATEDNamed in complaintNamed in settlement
• CSX TRANSPORTATION, INC.Named in complaintNamed in settlement
• GETRONICS NVNamed in complaintNamed in settlement

Facilities (1)

• STERLING MORTON HIGH SCHOOL

  1600-1874 S. 54TH AVE., CICERO, IL, 60804

  Registry ID: 110017352283

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• STERLING MORTON HIGH SCHOOL ADMIN SETTLEMENT AGREEMENT AND ORDER (CERCLA)entered 2005-11-04

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-11-04Final Order Issued
• 2005-11-22Enforcement Action Data Entered