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Alcan-Toyo Am., Inc. v. Northern Ill. Gas Co.

ELR Citation: 26 ELR 20675
Nos. No. 92 C 7142, 904 F. Supp. 833/42 ERC 1633/(N.D. Ill., 11/07/1995) Ruling on NCP consistency of response costs

The court holds that a removal action a company completed at the Alcan-Toyo America site in Illinois without first complying with the public comment requirements of the 1990 national contingency plan (NCP) does not substantially comply with the 1990 NCP. The court first holds that the company may recover its costs for a contractor's work performed in 1989-1990, which involved a preliminary assessment and site inspection. The contractor adequately assessed the problem, as 40 C.F.R. §300.64 requires, and thereby strictly complied with the 1985 NCP. The court next holds, however, that the company may not recover the costs it paid an environmental consulting firm to perform the removal action in 1990, because the company did not substantially comply with the 1990 NCP. The 1990 NCP's public participation requirements apply equally to removal and remedial actions, and the company completely failed to obtain public input.

[A prior decision in this litigation is published at 25 ELR 21386.]

Counsel for Plaintiff
Neil S. Ament
1161 Deerfield Rd., Deerfield IL 60015
(847) 317-9521

Counsel for Defendants
Susan M. Franzetti
Gardner, Carton & Douglas
Quaker Tower
321 N. Clark St., Ste. 3400, Chicago IL 60610
(312) 644-3000