EPA v. RIVER FOREST CLEANERS ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS SETTLEMENT AGREEMENT CONCERNS THE RIVER FOREST DRY CLEANERS LOCATED IN RIVER FOREST, COOK COUNTY, ILLINOIS. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE, EPA UNDER TOOK RESPONSE ACTIONS AT THE SITE PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C, § 9604. BASED ON DOCUMENTED TCE CONTAMINATION AND THE PROXIMITY OF ST. LUKE'S SCHOOL, EPA CONDUCTED INDOOR AIR AND SUB-SLAB SAMPLES IN THE FACILITIES AROUND THE SITE IN NOVEMBER 2009. BASED ON THE RESULTS FROM THE NOVEMBER 2009 SAMPLING, AGENCY FOR TOXIC SUBSTANCES OF DISEASE REGISTRY (ATSDR) RECOMMENDED THAT THE EPA CONDUCT FOLLOW-UP SAMPLING TO BETTER CHARACTERIZE THE SITE. FOLLOW-UP SAMPLING WAS DONE IN FEBRUARY AND MARCH 2010. ATSDR ISSUED A FINAL REPORT IN AUGUST 2010. IN THE REPORT, ATSDR RECOMMENDED THE INSTALLATION OF A VAPOR MITIGATION SYSTEM AT TWO LOCATIONS. THE SETTLING PARTY VOLUNTARILY UNDERTOOK THESE ACTIONS IN DECEMBER 2010 AND JANUARY 2011. IN PERFORMING ITS ACTION, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT SETTLING PARTY IS A RESPONSIBLE PARTY PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. § 9607(A) AND LIABLE FOR RESPONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE. EPA HAS DETERMINED THAT THE TOTAL PAST AND PROJECTED RESPONSE COSTS OF THE UNITED STATES AT OR IN CONNECTION WITH THE SITE WILL NOT EXCEED $500,000, EXCLUDING INTEREST.

Defendants (1)

• Edward DitchfieldNamed in complaintNamed in settlement

Facilities (1)

• RIVER FOREST CLEANERS

  7613 LAKE ST, RIVER FOREST, IL, 603051830

  Registry ID: 110001817366

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• RIVER FOREST CLEANERS ADMIN ORDER ON CONSENT (CERCLA)entered 2011-12-28

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-12-28Final Order Issued
• 2012-01-17Enforcement Action Data Entered