EPA v. EVERGREEN MANOR GROUNDWATER CONTAMINATION CD FOR RA AND CR (CERCLA)

Case summary

THIS IS A CIVIL ACTION BROUGHT PURSUANT TO SECTIONS 106, 107 AND 113(G)(2) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. § § 9606, 9607 AND 9613(G)(2). THE UNITED STATES SEEKS INJUNCTIVE RELIEF UNDER CERCLA SECTION 106, 42 U.S.C. § 9606, SPECIFICALLY THE IMPLEMENTATION OF U.S. EPA’S SELECTED REMEDY AT THE EVERGREEN MANOR GROUNDWATER SUPERFUND SITE, ROSCOE TOWNSHIP, WINNEBAGO COUNTY, ILLINOIS ( SITE OR EVERGREEN MANOR SITE ). THE UNITED STATES ALSO SEEKS THE RECOVERY, PURSUANT TO CERCLA SECTION 107, 42 U.S.C. § 9607, OF UNREIMBURSED COSTS THAT HAVE BEEN OR WILL BE INCURRED BY THE UNITED STATES IN RESPONSE TO THE RELEASE AND/OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT AND FROM THE EVERGREEN MANOR SITE. THE UNITED STATES FURTHER SEEKS A DECLARATORY JUDGMENT, PURSUANT TO SECTION 113(G)(2) OF CERCLA, 42 U.S.C. § 9613(G)(2), AND 28 U.S.C. § 2201, THAT EACH DEFENDANT SHALL BE LIABLE FOR ALL FUTURE RESPONSE COSTS TO BE INCURRED BY THE UNITED STATES IN CONNECTION WITH THE EVERGREEN MANOR SITE.

Defendants (3)

• ECOLAB INC.Named in complaintNamed in settlement
• WASTE MANAGEMENT OF WISCONSIN, INC.Named in complaintNamed in settlement
• WASTE MANAGEMENT OF ILLINOIS INC.Named in complaintNamed in settlement

Facilities (1)

• EVERGREEN MANOR GROUND WATER CONTAMINATION

  MCCURRY ROAD AND ELEVATOR ROAD, WINNEBAGO, IL, 61088

  Registry ID: 110009335969

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• EVERGREEN MANOR GROUNDWATER CONTAMINATION - WASTE MANAGEMENTentered 2009-02-26

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-05-29Final Order Lodged
• 2008-05-29Complaint Filed With Court
• 2008-05-29Referred To Dept Of Justice
• 2008-10-07Enforcement Action Data Entered
• 2009-02-26Final Order Entered