EPA v. CELOTEX CORPORATION ADMIN ORDER ON CONSENT (CERCLA) - PPA

Case summary

THIS AGREEMENT AND COVENANT NOT TO SUE ( AGREEMENT ) IS MADE AND ENTERED INTO BY AND BETWEEN THE UNITED STATES ON BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ), THE CITY OF CHICAGO, AN ILLINOIS MUNICIPAL CORPORATION ( CITY ), AND THE CHICAGO PARK DISTRICT, AN ILLINOIS MUNICIPAL CORPORATION ( PARK DISTRICT AND TOGETHER WITH THE CITY, THE CITY PARTIES ). THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. § 9601, ET SEQ. AND THE AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED STATES TO COMPROMISE AND SETTLE CLAIMS OF THE UNITED STATES. THE CITY INTENDS TO TAKE OWNERSHIP OF APPROXIMATELY 24 ACRES OF LAND LOCATED AT 2800 SOUTH SACRAMENTO AVENUE IN CHICAGO, COOK COUNTY, ILLINOIS (THE PROPERTY ), COMMONLY REFERRED TO AS THE CELOTEX SITE (EPA ID NO. ILD051053692), AND THEREAFTER TRANSFER OR LEASE THE PROPERTY TO THE PARK DISTRICT. THE PROPERTY IS TO BE ACQUIRED BY THE CITY THROUGH A CONDEMNATION OR SALE IN LIEU OF CONDEMNATION. THE PROPERTY IS GENERALLY BOUNDED ON THE NORTH BY 27TH STREET; ON THE EAST BY SACRAMENTO AND WHIPPLE AVENUES; ON THE WEST BY ALBANY AVENUE AND ON THE SOUTH BY AN ADJACENT FACILITY OWNED BY THE CITY. THE PROPERTY IS MORE PRECISELY DESCRIBED IN EXHIBIT A (PROPERTY DESCRIPTION) TO THE DECLARATION OF RESTRICTIVE COVENANTS IN EXHIBIT 3, AND ITS LOCATION AND DETAIL ARE DEPICTED ON THE MAPS IN EXHIBITS 1 AND 2 (ON WHICH THE PROPERTY IS REFERRED TO AS THE CELOTEX SITE ). THE CITY, THROUGH ITS DEPARTMENT OF ZONING AND LAND USE PLANNING (FORMERLY KNOWN AS THE DEPARTMENT OF PLANNING AND DEVELOPMENT) AND ITS DEPARTMENT OF ENVIRONMENT, HAS BEEN A LEADER IN ESTABLISHING SUSTAINABLE DEVELOPMENT STANDARDS AND INITIATIVES FOR URBAN AREAS. THROUGH ITS PLANNING DOCUMENT ENTITLED CITYSPACE: AN OPEN SPACE PLAN FOR CHICAGO, PUBLISHED IN 1998, THE CITY SET A GOAL OF PROVIDING AT LEAST TWO ACRES OF OPEN SPACE FOR EVERY 1,000 RESIDENTS IN EACH COMMUNITY. THE PROPERTY IS IN THE SOUTH LAWNDALE COMMUNITY, WHICH CURRENTLY HAS ONLY THREE-FOURTHS OF AN ACRE OF OPEN SPACE FOR EVERY 1,000 RESIDENTS. THE CITY PARTIES WILL DEVELOP THE PROPERTY AS A PARK, INCORPORATING SUSTAINABLE DEVELOPMENT PRACTICES AND FEATURES AS OUTLINED BELOW. THE PARTIES AGREE TO UNDERTAKE ALL ACTIONS REQUIRED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PURPOSE OF THIS AGREEMENT IS TO SETTLE AND RESOLVE, SUBJECT TO RESERVATIONS AND LIMITATIONS CONTAINED IN SECTIONS VLL (CERTIFICATION), VLLL (UNITED STATES' COVENANT NOT TO SUE), IX (RESERVATION OF RIGHTS), AND X (RESPONDENTS' COVENANT NOT TO SUE), THE POTENTIAL LIABILITY OF THE CITY PARTIES UNDER CERCLA FOR THE EXISTING CONTAMINATION WHICH MIGHT OTHERWISE RESULT FROM THE CITY PARTIES BECOMING THE OWNER AND/OR LESSEE OF THE PROPERTY. THE PARTIES AGREE THAT THE CITY PARTIES' ENTRY INTO THIS AGREEMENT, AND THE ACTIONS TO BE UNDERTAKEN BY THE CITY PARTIES IN ACCORDANCE WITH THE AGREEMENT, DO NOT CONSTITUTE AN ADMISSION OF ANY LIABILITY BY THE CITY PARTIES FOR THE CONTAMINATION AT THE SITE OR FOR THE RESPONSE ACTION SELECTED BY EPA. THE RESOLUTION OF THIS POTENTIAL LIABILITY, IN EXCHANGE FOR THE CITY PARTIES' PERFORMANCE OF THE WORK REQUIRED BY THIS AGREEMENT, IS IN THE PUBLIC INTEREST. AS OF SEPTEMBER 2009 THE LAND OWNER AND CITY OF CHICAGO ARE GOING TO TRIAL OVER THE COST OF THE LAND

Defendants (1)

• CITY OF CHICAGONamed in settlement

Facilities (1)

• CHICAGO PARK DISTRICT

  2800 S. SACRAMENTO, CHICAGO, IL, 60623

  Registry ID: 110001804780

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• CELOTEX CORPORATION ADMIN ORDER ON CONSENT (CERCLA) - PPAentered 2009-03-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-03-20Final Order Issued
• 2009-10-06Enforcement Action Data Entered