If you thought Superfund was a thing of the past, think again. More than 3,000 new potentially responsible parties (PRPs) are in the process of being notified that they may be named defendants for the clean-up of the Chemetco Superfund Site, located in Hartford, IL.
Sound familiar? The first time this site action appeared was in 2011 when letters from EPA Region 5 went out to more than 1,000 PRPs, many of which were ISRI members. Since that time, the U.S. EPA entered into an Administrative Order on Consent for a Remedial Investigation/Feasibility Study (“RI/FS AOC”) with a group of private entities collectively known as the “Chemetco Site PRP Group” and that Group was granted authority to seek out additional PRPs to help defer the costs of the RI/FS.
On February 12, 2018, a civil lawsuit was filed in the U.S. District Court for the Southern District of Illinois by the Chemetco Site PRP Group seeking a declaratory judgment by the court against all defendants as to their liability for costs associated with the RI/FS and legal fees.
Named defendants that ignore this are risking a default judgment of liability against them. Do not make that mistake. If you have been notified as a PRP in this lawsuit, contact Danielle Waterfield at ISRI for information.