EPA v. RAWLEIGH BUILDING ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS AGREEMENT CONCERNS THE RAWLEIGH BUILDING SITE ( SITE ) LOCATED IN FREEPORT, ILLINOIS. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE, DURING 1999 AND 2000 EPA UNDERTOOK RESPONSE ACTIONS AT THE SITE PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C. § 9604. THE EPA RESPONSE ACTIONS INCLUDED THE REMOVAL OF MERCURY FROM THE FLOOR IN TWO AREAS OF BUILDING 6, REMOVAL OF BATTERIES, THERMOSTATS AND TRANSFORMERS FROM SEVERAL BUILDINGS WITHIN THE FACILITY, REMOVAL OF CONTAINERIZED WASTES, REMOVAL OF ABOVEGROUND AND UNDERGROUND STORAGE TANKS, AND REMOVAL OF FRIABLE ASBESTOS CONTAINING MATERIALS. IN PERFORMING THIS RESPONSE ACTION, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT SETTLING PARTIES ARE RESPONSIBLE PARTIES PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. § 9607(A), AND ARE JOINTLY AND SEVERALLY LIABLE FOR RESPONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE. EPA AND SETTLING PARTIES DESIRE TO RESOLVE SETTLING PARTIES' ALLEGED CIVIL LIABILITY FOR PAST RESPONSE COSTS ASSOCIATED WITH THE RESPONSE ACTION. EPA AND THE SETTLING PARTIES RECOGNIZE THAT THIS AGREEMENT HAS BEEN NEGOTIATED IN GOOD FAITH AND THAT THIS AGREEMENT IS IN ENTERED INTO WITHOUT THE ADMISSION OR ADJUDICATION OF ANY ISSUE OF FACT OR LAW.

Defendants (4)

• THE TUSCARORA CORPORATIONNamed in complaintNamed in settlement
• TUSC. INTERNATIONALNamed in complaintNamed in settlement
• TUSC. CORP. NO. 4, INC.Named in complaintNamed in settlement
• TUSC. CORP. NO. 1, INC.Named in complaintNamed in settlement

Facilities (2)

• MICRO SWITCH RAWLEIGH BLDG

  223 E MAIN ST, FREEPORT, IL, 61032

  Registry ID: 110005867240

• MICRO SWITCH RAWLEIGH BLDG

  223 E MAIN ST, FREEPORT, IL, 61032

  Registry ID: 110005867240

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• RAWLEIGH BUILDING ADMIN ORDER ON CONSENT (CERCLA)entered 2005-12-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-12-21Final Order Issued
• 2006-10-12Enforcement Action Data Entered