EPA v. INDIANA HARBOR SHIP CANAL/ECI SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE ECI SITE (SITE) IS A FORMER PETROLEUM REFINERY LOCATED IN EAST CHICAGO, INDIANA. THE SITE IS BOUNDED ON THE EAST BY INDIANAPOLIS BOULEVARD, ON THE NORTH BY CLINE AVENUE, ON THE WEST BY THE BP WHITING REFINERY, AND ON THE SOUTH BY A PIPELINE ALLEY AND GOLF COURSE. THE LAKE GEORGE BRANCH OF THE INDIANA HARBOR SHIP CANAL CUTS THROUGH THE SITE CREATING A NORTH AND SOUTH SECTION OF THE FACILITY. FROM 1918 THROUGH THE LATE 1980S THE ECI SITE WAS THE LOCATION FOR AN OIL REFINERY AND TANK FARM COVERING OVER 150 ACRES. ONE HUNDRED ACRES ON THE NORTH SIDE OF THE INDIANA HARBOR SHIP CANAL (IHSC) HOUSED THE REFINERY, WHILE THE TANK FARM WAS ON THE 50 ACRES SOUTH OF THE CANAL. THE USAGE IS CURRENTLY BUILDING A CONFINED DISPOSAL FACILITY (CDF) ON THE FORMER REFINERY PARCEL ON THE NORTH SIDE OF THE CANAL. CONSTRUCTION OF THE BELOW-GROUND FEATURES OF THE CDF OVER THE LAST EIGHTEEN MONTHS HAS CAUSED A CHANGE IN THE GROUNDWATER FLOW AT THE SITE. GROUNDWATER IS POOLING WITHIN THE CONSTRUCTED PORTION OF THE CDF AND FLOWING TOWARD THE CANAL. THE NEW FLOW PATTERN HAS CAUSED INCREASED DISCHARGES TO THE IHSC AND THE FAILURE OF RETAINING WALLS ALONG THE CANAL. TO ADDRESS THE GROUNDWATER FLOW, THE USAGE NEEDS TO INSTALL A PUMP SYSTEM TO EXTRACT AND TREAT WATER POOLING WITHIN THE SITE. WITHIN 6 MONTHS, THE USAGE WILL BEGIN CONSTRUCTION OF A WATER TREATMENT PLANT THAT WILL SERVE THE CDF OVER THE NEXT THIRTY YEARS. TO CONTROL WATER BETWEEN NOW AND THEN, THIS AOC WOULD REQUIRE THAT THE USAGE IMPLEMENT A TEMPORARY GROUNDWATER TREATMENT STRATEGY. WHILE THE AOC DOES PROVIDE THE USAGE WITH IMPLEMENTATION FLEXIBILITY, EPA AND USAGE ARE IN THE PROCESS OF EXECUTING AN IAG TO FUND EPA'S SPRINGFIELD BELLE TREATMENT SYSTEM AT THE SITE. TERMS OF THE SETTLEMENT THE ADMINISTRATIVE ORDER ON CONSENT IS BASED ON THE REMOVAL AOC MODEL WITH ONLY MINOR MODIFICATIONS TO ACCOMMODATE THE USAGE AND PROJECT SPECIFIC NEEDS. SPECIFIC CHANGES � THE AOC ALLOWS THE USAGE TO DO THE WORK OR PAY EPA THROUGH AN INTERAGENCY AGREEMENT (IAG) TO DO THE WORK. THIS PROVISION ALLOWS THEM TO PAY US TO DO THE WORK, INSTEAD OF DOING IT WITH AN OUTSIDE CONTRACTOR. THE USAGE IS LIKELY TO USE THIS OPTION AND EPA WILL DEVELOP AND IMPLEMENT THE RESPONSE. � THE INDEMNIFICATION PARAGRAPH HAS BEEN REMOVED GIVEN THE USAGE'S INABILITY TO PROVIDE INDEMNIFICATION TO ANOTHER BRANCH OF THE UNITED STATES. � ACCESS TO THE ECI SITE WAS LIMITED TO THE AREAS UNDER USAGE CONTROL. THIS AVOIDS THE NEED TO GET INDEPENDENT SITE ACCESS FROM THE PROPERTY OWNER. � THERE IS NOT A SEPARATE OVERSIGHT COST PROVISION. OVERSIGHT OF THE PROJECT WILL BE BUILT INTO THE IAG THAT PAYS THE EPA CONTRACTOR.

Defendants (1)

• UNITED STATES ARMY CORPS OF ENGINEERSNamed in complaintNamed in settlement

Facilities (1)

• ENERGY CO OP INC

  3500 INDIANAPOLIS BLVD, EAST CHICAGO, IN, 46312

  Registry ID: 110000613122

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• INDIANA HARBOR SHIP CANAL/ECI SITE ADMIN ORDER ON CONSENT (CERCLA)entered 2005-11-22

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-11-22Final Order Issued
• 2006-03-08Enforcement Action Data Entered