From the McHenry County State’s Attorney and Illinois Attorney General:

Environmental Contamination Prosecution

Patrick D. Kenneally, McHenry County State’s Attorney, announces that his office joined Illinois Attorney General Kwame Raoul’s lawsuit against 300 West LLC., and The Arnold Engineering Company (“Defendants”) for violations of the Illinois Environmental Protection Act.

The Attorney General’s office filed a lawsuit in 2013 against the defendants over decades-long contamination related to a manufacturing facility located at 300 North West Street in Marengo, Illinois.

Chlorinated solvents were used in the manufacturing process and Chlorinated VOCs migrated offsite.

Vinyl Chloride, TCE, and PCE are known human carcinogens and have been detected through groundwater monitoring.

Despite ongoing litigation by the Attorney General’s office, the defendants have not fully investigated or addressed the contamination remaining onsite and offsite, as required by a consent order negotiated with the Defendants by the Attorney General’s Office and Illinois EPA in 2016 and entered by the Court.

As required by the Consent Order, defendants hooked up residents whose drinking water was impacted by the release to the City of Marengo’s public water supply, at the defendants’ expense.

The environmental violations have created a substantial danger to the environment, caused water pollution, and have not been fully investigated and remediated, as required by the 2016 consent order, despite repeated attempts by the Attorney General’s office.

The Attorney General’s office filed a consent order that was entered on June 1, 2016.

The Attorney General’s Office has filed nine Petitions for Rule to Show Cause for Defendants’ failure to meet deadlines and otherwise comply with the Consent Order.

Kenneally is alleging the Arnold Engineering Company has failed to be actively involved in complying with the terms of the Consent Order and Defendants have failed to meet deadlines and otherwise comply with the June 2016 Consent Order, as outlined in the nine Petitions for Rule to Show Cause.

“It’s well past time that Arnold and 300 West LLC take responsibility for and remediate the hideous mess and pollution prior irresponsible and thoughtless business practices created,” said Kenneally.

“Our Office will fight any further foot-dragging, band-aid solutions, or pleas of poverty on the part of polluters.”

“The Attorney General’s office has been committed to ensuring residents have access to safe drinking water, and we continue to take action to hold the defendants accountable for complying with the order entered in 2016,” Attorney General Kwame Raoul said.

“My office will continue working to hold the defendants fully responsible for providing residents with the safe water they deserve and addressing remaining contamination, and I appreciate the support of the McHenry County State’s Attorney’s office.”