Fact Sheet 1 March 1993

Smith-Douglass
South Streator, Illinois
Livingston County

From the 1940s until 1985, a succession of owners operated a fertilizer plant on the property. Smith-Douglass Inc. filed for bankruptcy in 1983 and their successor, SECO, filed for bankruptcy in 1985. Manufacturing ceased in 1985 and the property was abandoned.

A United States Bankruptcy Court in North Carolina issued an order which allowed Smith-Douglass Inc. to unconditionally abandon the property. This order was appealed by the State of Illinois and Borden, Inc., a former owner. However, the order was affirmed by a U.S. District Court in 1987 and the U.S. Court of Appeals in 1988.

Investigations by the Illinois Environmental Protection Agency (Illinois EPA) revealed the presence of a large quantity of unsecured hazardous material on-site and on September 29, 1988, the site was sealed based on Section 34 of the Illinois Environmental Protection Act. Signs were posted around the propery warning the public of the Seal Order.

Between April and December 1989, an Immediate Removal Action was conducted by the Illinois EPA during which thousands of gallons of hazardous materials were inventoried, overpacked, and removed for proper disposal. Several drums of vanadium pentoxide were secured in a building on site due to problems with their disposal. Almost $500,000 in state funds were spent on the Immediate Removal Action.

The special appropriation which provided money to perform cleanups at numerous sites around the state, including Smith-Douglass, has not been renewed by the legislature since 1989. There are currently 105 sites in Illinois that need emergency environmental action.

The next logical step after the Immediate Removal of the unsecured waste should have been a Remedial Investigation (RI) to determine whether the landfill contains hazardous waste and whether soils and groundwater under the site and surface water in the ponds are contaminated.

The RI should include installation of monitoring wells, sampling of soils, & investigation of the landfill, ponds, and nearby private wells. However, without funding, the the Illinois EPA could not proceed with the RI.

Numerous physical risks remained on site, including the gypsum pile which is a popular site for all-terrain vehicles, the ponds, and the abandoned buildings and overhead suspended conveyor system all of which attract trespassers.

In June 1992, the Reading Township supervisor, Catherine Kudrik, contacted the the Illinois EPA, due to her concerns that a child might become injured on the property.

During a site inspection in June 1992, the Illinois EPA discovered that the door to the building in which the vanadium pentoxide was stored had been broken and one drum had been opened and spilled by vandals. The the Illinois EPA returned the vanadium pentoxide to the manufacturer in July 1992.

In July 1992 the the Illinois EPA obtained an estimate of almost $200,000 to fence the site. Due to the aggressive vandalism offences, gates and locks and to limited funds, it was decided not to fence the site, but to concentrate on informing the public about the physical risks.

Ms. Kudrik had previously agreed to ask the local school to discuss risks at the site with children and their parents. The the Illinois EPA posted new Seal Order signs at every site entrance and received assurances that the sheriff would arrest trespassers and that the Livingston County State's attorney would prosecute them.

In September 1992, the Illinois EPA, United States Environmental Protection Agency (U.S. EPA), and Borden held a meeting to discuss concerns about the site. Borden has prepared a draft Work Plan for the Remedial Investigation to be performed by their contractor. This RI, funded by Borden, would supply the necessary information about possible contamination remaining in the site soils and water systems. Borden does not think it is necessary to demolish the buildings to accomplish the work. Furthermore, Borden takes the position that the buildings only pose a physical hazard not a environmental hazard.

U.S. EPA representatives at the meeting emphasized that the areas of greatest concern to them are the landfill and ponds. The Illinois EPA has reviewed the Work Plan and, as of March 1993, is close to agreement with Borden on the scope of the investigation.

Current Situation

On February 17, 1993 a conference call was held that included the following: the Livingston County States Attorney, the supervisors of Reading and Newtown Township, Terry Glynn a demolition contractor, Illinois EPA representatives, the Illinois Attorney General's Office, and the Illinois Department of Nuclear Safety (IDNS). The purpose of the call was to discuss the possible demolition of the dilapidated buildings by Livingston County.

Mr. Glynn submitted a proposal under which he would demolish the buildings for the value of the scrap. During the conference call, all parties agreed that demolition of the buildings would reduce the risk to vandals at the site, but it should be handled in such a way that additional problems are not created.

The IEPA is not the owner of the property. Furthermore, the Agency has no authority to demolish building which pose only a physical, or safety, risk, but not a environmental risk such as the presence of hazardous substances. The !EPA and the Attorney General's Office see the role of the Agency as assisting the County, by assuring that Mr. Glynn is made aware of any environmental risks that might be encountered.

The Seal Order should remain in place until a RI has been conducted to determine whether contaminated soil, groundwater and/or surface water remain on site. The Illinois EPA can coordinate with the County by amending the Seal to provide access to the site and by providing advice on environmental concerns such as the presence of asbestos and waste fertilizer in the buildings.

An additional environmental concern is the presence of detectable radiation on the metal beams in some of the buildings. IDNS does not consider the levels to be an acute health hazard, but removal of the metal for salvage will need to be coordinated with IDNS. All radiation issues are under the jurisdiction of the IDNS not the Illinois EPA.

The demolition plan should include a 24-hour guard to assure that vandals do not enter the site to sort through the rubble. The guard should remain until the attractive nuisance has been alleviated to the County's satisfaction.

Contact

For more information, please contact the Illinois EPA Office of Community Relations. Additional documents not available on this webpage may be obtained through a Freedom of Information Act request or through IEPA Document Explorer.