Press Release

For Immediate Release
Contact: Cara Smith
312-814-3118
877-844-5461 (TTY)

csmith@atg.state.il.us
October 16, 2006

MADIGAN: COMPLAINT FOLLOWS DISCOVERY OF 55-GALLON DRUMS BURIED AT NORMAL CONSTRUCTION FIRM

COMPANY ALSO FACES CRIMINAL CHARGES

Chicago - Attorney General Lisa Madigan today filed a complaint against a Normal construction company for allegedly burying dozens of 55-gallon drums containing concrete sealer residue and other hazardous wastes on its property at 1300 Fort Jesse Road.

Last August, a McLean County grand jury also indicted Isaacson Construction, Inc. and two individuals, on criminal charges relating to the same incident.

The Illinois Environmental Protection Agency (IEPA) referred the case to Madigan’s office.  The IEPA investigated an October 2003 citizen complaint that detailed the location of 15 to 20 drums of hazardous liquid that were buried at the facility.  According to Madigan’s suit, the IEPA drove by the site in November 2003 and observed that the soil had been disturbed in the area described by the citizen.  David Isaacson, president of Isaacson Construction, told the IEPA that employees had buried drums of used oil and concrete sealer in the area.

In April 2004, approximately 50-55 drums were unearthed.  All the drums were crushed, but some still contained liquids including used oil and concrete sealer.  One drum contained a silver-gray liquid which was analyzed and found to be a hazardous waste.  Some used tires and scrap metal also were dug up.

“These actions show an irresponsible and potentially hazardous disregard of laws designed to protect our environment and public health,” Madigan said.  Madigan noted that the Isaacson site is in the process of completing cleanup.

Madigan’s complaint, filed before the Illinois Pollution Control Board (IPBC), charges Isaacson Construction with violations of the hazardous waste disposal laws and seeks the maximum civil penalty of $50,000 per violation and $10,000 for each day the violation continued.  The suit also charges Isaacson Construction with Resource Conservation Recovery Act (RCRA) violations for failing to have on-site analysis of hazardous waste and proper record keeping of required information regarding hazardous waste.  Other alleged hazardous waste violations contained in the lawsuit include employee training violations, disposal of hazardous waste without a permit, reporting and contingency plan violations.  The suit also names Isaacson Construction for water pollution violations because of the threat of groundwater contamination posed by the buried drums and their leaking contents.

Assistant Attorney General Kristen Laughridge Gale is handling the case for Madigan’s Environmental Bureau.

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