Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 1 of 59 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Civil Action No. 1:20-cv-4159
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`COMPLAINT
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`TREX PROPERTIES LLC,
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`Plaintiff,
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`v.
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`ABLE ELECTROPOLISHING CO. INC.; ACE
`ANODIZING & IMPREGNATING INC.;
`ACME AUTO ELECTRIC II, INC.; AFCO
`PRODUCTS, INC.; AIMTRON SYSTEMS,
`LLC; ALFA LAVAL INC.; AMI INDUSTRIES,
`INC.; ANCHOR SCIENTIFIC INC.;
`ARLINGTON PLATING COMPANY; ARRIS
`GROUP INC.; AVANTI ENGINEERING, INC.;
`BARRON METAL FINISHING, LLC;
`BELVEDERE USA, LLC; BERTEAU-
`LOWELL PLATING WORKS INC.; BILLET
`SPECIALTIES, INC.; BUHRKE INDUSTRIES,
`LLC; CASTLE METAL FINISHING CORP.;
`CHEM-IMPEX INTERNATIONAL, INC.;
`CINTAS CORP.; CKI LOCKER, LLC; COSCO
`INDUSTRIES, INC.; D&W FINE PACK LLC;
`DELTROL CORP.; DUAL
`MANUFACTURING CO., INC.;
`DURATHERM PROCESSING SYSTEMS,
`INC.; E.J. BASLER CO.; EMPIRE BRONZE
`CORPORATION; ENTRON CONTROLS,
`LLC; ENVIRO TECH INTERNATIONAL
`INC.; EX-CELL KAISER LLC; FABRICATED
`METALS CO.; FOX VALLEY SYSTEMS,
`INC.; G&M MANUFACTURING
`CORPORATION; GETZEN CO.; GL TOOL
`AND MANUFACTURING CO.; GREIF, INC.;
`GROVE INDUSTRIES INC.; HEAD
`MANUFACTURING INC.; HESTIA HEAT
`TREAT INC.; IKONIX USA LLC; IMPERIAL
`PLATING COMPANY OF ILLINOIS;
`INDEPENDENT ENVIRONMENTAL
`SERVICES, INC.; DOVE DRY CLEANING
`INC.; INNOVATIVE CERTIFIED
`TECHNICAL PLATING, LLC; HONEYWELL
`INTERNATIONAL INC.; JAMES PRECIOUS
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`

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`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 2 of 59 PageID #:2
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`METALS PLATING, INC.; JLO METAL
`PRODUCTS COMPANY, INC.; JSTONE,
`INC.; JOHN CRANE GROUP, LLC; KKSP
`PRECISION MACHINING LLC; LIGHT
`LOGIC LLC; THE LINE GROUP INC.; LIPKE-
`KENTEX CORPORATION; MAID-O-MIST
`LLC; MEADEN PRECISION MACHINED
`PRODUCTS CO.; MJ CELCO INC.; NAVAL
`FACILITIES ENGINEERING COMMAND;
`NOVA WILDCAT SHUR-LINE, LLC;
`OHMITE HOLDINGS, L.L.C.; PACIFIC
`SCIENTIFIC COMPANY; PLANO METAL
`SPECIALTIES, INC.; PLASTIC COATINGS
`CORP.; PLATFORD CORP.; PLYMOUTH
`TUBE CO.; PRECISION FORMING &
`STAMPING CO. INC.; QUALITY METAL
`FINISHING CO.; REVCOR, INC.;
`RICHARDS-WILCOX, INC.; ROME METAL
`MFG. INC.; SIEMENS INDUSTRY INC.;
`LANDIS + GYR, INC.; SINE SYSTEMS
`CORPORATION; SPECTRUM BRANDS INC.;
`SWPC INVESTMENT LLC; RHMI INC.;
`TENEX CORPORATION; THERMAL
`TRANSFER PRODUCTS; TLK INDUSTRIES,
`INC.; TORNADO INDUSTRIES LLC;
`TRUMPET HOLDINGS, INC.; UCAL
`SYSTEMS, INC.; UNITED STATES
`DEPARTMENT OF ENERGY; VIACOMCBS
`INC.; VOESTALPINE PRECISION STRIP,
`LLC and X-L ENGINEERING CORP.,
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`Defendants.
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`For its Complaint, Plaintiff Trex Properties LLC (hereinafter “Plaintiff” or “Trex”), by
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`COMPLAINT
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`and through counsel, alleges as follows:
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`STATEMENT OF THE CASE
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`1.
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`This is a civil action pursuant to the provisions of the Comprehensive
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`Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §
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`9601 et seq. (“CERCLA”). Trex asserts there has been a release and/or threat of release of
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`hazardous substances from a facility located in the City of Melrose Park, County of Cook,
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`Illinois (“Trex Illinois Facility”). These hazardous substances have contaminated the soil and
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`groundwater at the Trex Illinois Facility and have threatened the public health and the
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`environment. Each Defendant generated and/or transported materials containing hazardous
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`substances that were treated and/or disposed of at the Trex Illinois Facility. This action seeks
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`recovery of over $1,300,000 in past response costs incurred by Trex at the Trex Illinois Facility
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`in response to the release and threatened release of hazardous substances into the environment at
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`and from the Trex Illinois Facility, and a declaration of each Defendant’s liability for future
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`response costs to be incurred by Trex (and its assignors) at the Trex Illinois Facility.
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`JURISDICTION AND VENUE
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`2.
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`This Court has exclusive jurisdiction over Counts I and II pursuant to CERCLA
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`Sections 107(a) and 113(b), 42 U.S.C. §§ 9607(a) and 9613(b), providing federal jurisdiction
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`over controversies arising under CERCLA, and pursuant to 28 U.S.C. § 1331, providing federal
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`jurisdiction over controversies involving questions of federal law. The Court also has jurisdiction
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`over the request for declaratory relief in Count III pursuant to CERCLA Section 113, 42 U.S.C. §
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`9613, and 28 U.S.C. §§ 2201 and 2202.
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`3.
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`Venue is proper in this district pursuant to 42 U.S.C. §§ 9607(a) and 9613(b), and
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`28 U.S.C. § 1391(b), because the release or threatened release of hazardous substances that give
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`rise to this action occurred and/or are occurring at or from the Trex Illinois Facility located in
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`this judicial district.
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`ALLEGATIONS COMMON TO ALL CLAIMS
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`4.
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`The Trex Illinois Facility is located at 2537 West Le Moyne Avenue in Melrose
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`Park, Cook County, Illinois. The Trex Illinois Facility covers approxiamately 0.33 acres in an
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`industrial setting. The northern portion of the Trex Illinois Facility contains a former below
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`grade railway siding, and structures on the Trex Illinois Facility include a large building
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`constructed in 1956 and three 20,000 gallon storage tanks.
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`5.
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`The Trex Illinois Facility was formerly owned and operated by Detrex
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`Corporation as an industrial solvent management facility. During Detrex Corporation’s
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`ownership and operation of the Trex Illinois Facility, it managed hazardous and non-hazardous
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`spent solvent wastes from cleaning equipment and other related products. From approximately
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`1974 through the late 1980s, solvents were received by rail.
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`6.
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`Between 1974 and November 2012, the Trex Illinois Facility was used by Detrex
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`Corporation for solvent distribution and storage of hazardous and non-hazardous spent solvent
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`wastes in containers.
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`7.
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`The soil and groundwater at the Trex Illinois Facility is contaminated, and
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`contamination has migrated off-site.
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`8.
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`On September 30, 1992, the Illinois Environmental Protection Agency (“IEPA”)
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`issued Detrex Corporation a RCRA permit for a hazardous waste container storage area within
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`the northern half of the building on the Trex Illinois Facility. The RCRA permit allowed the
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`storage of a maximum 13,200 gallons at any given time in the container storage area. The RCRA
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`permit was renewed on October 9, 2003.
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`9.
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`IEPA issued letters to Detrex Corporation dated July 6, 2010 and September 17,
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`2012 requiring certain corrective action activities at an affected off-site property to the west of
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`the Trex Illinois Facility owned by Outback Sales located at 2555 West Le Moyne Avenue
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`(“Outback Property”).
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`10.
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`In or about November 2012, all commercial operations at the Trex Illinois Facility
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`ceased. Thereafter, Detrex Corporation continued only the RCRA corrective action activities
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`required under its RCRA permit.
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`11.
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`On March 29, 2013, IEPA approved a RCRA closure plan, consisting of
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`decontamination, inspection, sampling and analysis plans for the container storage area.
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`12.
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`On June 18, 2013, Trex purchased the facility from Detrex Corporation, and IEPA
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`transferred the RCRA permit from Detrex Corporation to Trex on October 8, 2013.
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`13.
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`On November 13, 2013, Trex submitted a Delineation Workplan to IEPA for
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`review.
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`14.
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`On September 17, 2017, Trex submitted a certifiation of closure report for the
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`RCRA permit and on November 25, 2013, IEPA issued a letter certifying closure of the
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`container storage area.
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`15.
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`IEPA issued a letter dated January 28, 2014 to Trex requiring additional
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`investigation related to the Delineation Workplan and Groundwater Management Zone
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`(“GMZ”).
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`16.
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`On September 9, 2014, Trex submitted a Phase II Corrective Measures Plan, Final
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`Design Report and Construction Workplan (“September 2014 CMP”), which IEPA approved
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`with certain conditions and modifications on February 17, 2015, which required in-situ chemical
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`oxidation (“ISCO”) soil mixing at three hot spots followed by slow feed ISCO thereafter, and
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`quarterly monitoring reports and sampling plans. Trex requested a revision to the September
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`2014 CMP on March 16, 2015, which IEPA approved on May 22, 2015.
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`17.
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`On August 27, 2015, IEPA issued a RCRA renewal Corrective Action Permit
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`(Log #B-113R2-M1) which contemplated demolition of the on-site building to allow for
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`remediation of the underlying soil; establishment of institutional controls to meet site specific
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`remedial objectives; the installation of a vapor mitigation system (“VMS”) and engineered
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`barrier at the Outback Property; cooperation with other off-site landowners to expand the
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`approved GMZ; additional investigation to define the extent of the soil remediation and off-site
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`contaminant migration; and continued groundwater monitoring.
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`18.
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`Physical on-site construction of the remediation required by IEPA at the Trex
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`Illinois Facility commenced on or about April 6, 2015.
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`19.
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`To date, the hazardous substances identified at the Trex Illinois Facility include:
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`parent compounds 1,1,1-trichloroethane (111-TCA); tetrachloroethylene (PCE);
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`trichloroethylene (TCE); daughter compounds 1,1,2-trichloroethane; 1,1-dichloroethane; 1,1
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`dichloroethane; 1,2-dichloroethane; cis-1,2-dichloroethylene; trans-1,2-dichloroethylene, vinyl
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`chloride; and other halogenated compounds including carbon tetrachloride; chloroethane;
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`chloroform and methylene chloride.
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`20.
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`Through December 31, 2019, Trex has incurred over $1,300,000 in response costs
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`at the Trex Illinois Facility.
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`21.
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`The response costs incurred to date by Trex are necessary to address the release
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`and/or threatened release at the Trex Illinois Facility, and are required by IEPA, and as such are
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`consistent with the National Oil and Hazardous Substances Pollution Contingency Plan
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`promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part
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`300, and amendments thereto (“NCP”).
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`22.
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`Trex will continue to incur response costs to conduct response actions at the Trex
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`Illinois Facility as required by the State of Illinois.
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`THE PARTIES
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`23.
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`Trex is a Missouri entity, and is proceeding for itself and as assignee of the
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`CERCLA claims at the Trex Illinois Facility of those entities that have settled or will settle with
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`Trex and that have assigned or will assign such CERCLA claims to Trex. Trex assumed the
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`environmental liabilities of Detrex Corporation at the Trex Illinois Facility when it purchased the
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`Trex Illinois Facility from Detrex Corporation in June 2013.
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`24.
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`According to Trex Illinois Facility records, Defendant Able Electropolishing Co.
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`Inc. (“Able Electropolishing”) by contract, agreement, or otherwise arranged for disposal or
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`treatment, or arranged with a transporter for transport for disposal or treatment, at least 59,888
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`gallons of materials to the Trex Illinois Facility. These materials were owned by Able
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`Electropolishing and are described on Trex Illinois Facility records as containing some or all of
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`the following hazardous substance(s): trichloroethylene.
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`25.
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`By letter dated March 31, 2016, Trex demanded that Able Electropolishing
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`reimburse Trex for a specified amount of response costs incurred and to be incurred by Trex at
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`the Trex Illinois Facility.
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`26.
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`To date, Able Electropolishing has refused to cooperate and has not paid any
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`response costs incurred by Trex at the Trex Illinois Facility.
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`27.
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`According to Trex Illinois Facility records, Defendant Ace Anodizing &
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`Impregnating Inc. (“Ace Anodizing”) by contract, agreement, or otherwise arranged for disposal
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`or treatment, or arranged with a transporter for transport for disposal or treatment, at least 110
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`gallons of materials to the Trex Illinois Facility. These materials were owned by Ace Anodizing
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`and are described on Trex Illinois Facility records as containing some or all of the following
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`hazardous substance(s): trichloroethylene.
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`28.
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`By letter dated March 31, 2016, Trex demanded that Ace Anodizing reimburse
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`Trex for a specified amount of response costs incurred and to be incurred by Trex at the Trex
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`Illinois Facility.
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`29.
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`To date, Ace Anodizing has refused to cooperate and has not paid any response
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`costs incurred by Trex at the Trex Illinois Facility.
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`30.
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`Defendant Acme Auto Electric II, Inc. (“Acme Auto”) is the successor to and/or
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`is formerly known as ACME Auto Electric Co.
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`31.
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`According to Trex Illinois Facility records, ACME Auto Electric Co. by contract,
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`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
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`transport for disposal or treatment, at least 2,465 gallons of materials to the Trex Illinois Facility.
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`These materials were owned by ACME Auto Electric Co. and are described on Trex Illinois
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`Facility records as containing some or all of the following hazardous substance(s):
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`trichloroethane and trichloroethylene.
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`32.
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`By letter dated March 31, 2016, Trex demanded that Acme Auto reimburse Trex
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`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`33.
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`To date, Acme Auto has refused to cooperate and has not paid any response costs
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`incurred by Trex at the Trex Illinois Facility.
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`34.
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`According to Trex Illinois Facility records, Defendant AFCO Products, Inc.
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`(“AFCO”) by contract, agreement, or otherwise arranged for disposal or treatment, or arranged
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`with a transporter for transport for disposal or treatment, at least 4,015 gallons of materials to the
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`Trex Illinois Facility. These materials were owned by AFCO and are described on Trex Illinois
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`Facility records as containing some or all of the following hazardous substance(s):
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`trifluoroethane and trichloroethylene.
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`35.
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`By letter dated March 31, 2016, Trex demanded that AFCO reimburse Trex for a
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`specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`36.
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`To date, AFCO has refused to cooperate and has not paid any response costs
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`incurred by Trex at the Trex Illinois Facility.
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`37.
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`Defendant Aimtron Systems, LLC (“Aimtron”) is the successor to and/or is
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`formerly known as Target Corp.
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`38.
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`According to Trex Illinois Facility records, Target Corp. by contract, agreement,
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`or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for
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`disposal or treatment, at least 220 gallons of materials to the Trex Illinois Facility. These
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`materials were owned by Target Corp. and are described on Trex Illinois Facility records as
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`containing some or all of the following hazardous substance(s): trichloroethane.
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`39.
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`To date, Aimtron has not paid any response costs incurred by Trex at the Trex
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`Illinois Facility.
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`40.
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`Defendant Alfa Laval Inc. (“Alfa Laval”) is the successor to and/or is formerly
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`known as Tri-Clover, Inc. (“Tri-Clover”).
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`41.
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`According to Trex Illinois Facility records, Tri-Clover by contract, agreement, or
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`otherwise arranged for disposal or treatment, or arranged with a transporter for transport for
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`disposal or treatment, at least 2,254 gallons of materials to the Trex Illinois Facility. These
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`materials were owned by Tri-Clover and are described on Trex Illinois Facility records as
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`containing some or all of the following hazardous substance(s): trichloroethylene.
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`42.
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`By letter dated March 31, 2016, Trex demanded that Alfa Laval reimburse Trex
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`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`43.
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`To date, Alfa Laval has refused to cooperate and has not paid any response costs
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`incurred by Trex at the Trex Illinois Facility.
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`44.
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`Defendant AMI Industries, Inc., doing business as Aggressive Manufacturing
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`Innovations, Inc., (“AMI”) is the successor to and/or is formerly known as Whitley Products.
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`45.
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`46.
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`AMI acquired Whitley Products in or about 2013.
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`According to Trex Illinois Facility records, Whitley Products by contract,
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`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
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`transport for disposal or treatment, at least 1,650 gallons of materials to the Trex Illinois Facility.
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`These materials were owned by Whitley Products and are described on Trex Illinois Facility
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`records as containing some or all of the following hazardous substance(s): trichloroethylene.
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`47.
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`By letter dated April 13, 2016, Trex demanded that AMI reimburse Trex for a
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`specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`48.
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`To date, AMI has refused to cooperate and has not paid any response costs
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`incurred by Trex at the Trex Illinois Facility.
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`49.
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`According to Trex Illinois Facility records, Defendant Anchor Scientific Inc.
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`(“Anchor Scientific”) by contract, agreement, or otherwise arranged for disposal or treatment, or
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`arranged with a transporter for transport for disposal or treatment, at least 165 gallons of
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`materials to the Trex Illinois Facility. These materials were owned by Anchor Scientific and are
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`described on Trex Illinois Facility records as containing some or all of the following hazardous
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`substance(s): dichloromethane.
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`50.
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`By letter dated March 31, 2016, Trex demanded that Anchor Scientific reimburse
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`Trex for a specified amount of response costs incurred and to be incurred by Trex at the Trex
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`Illinois Facility.
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`51.
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`To date, Anchor Scientific has refused to cooperate and has not paid any response
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`costs incurred by Trex at the Trex Illinois Facility.
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`52.
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`According to Trex Illinois Facility records, Defendant Arlington Plating Company
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`(“Arlington Plating”) by contract, agreement, or otherwise arranged for disposal or treatment, or
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`arranged with a transporter for transport for disposal or treatment, at least 8,020 gallons of
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`materials to the Trex Illinois Facility. These materials were owned by Arlington Plating and are
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`described on Trex Illinois Facility records as containing some or all of the following hazardous
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`substance(s): trichloroethylene.
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`53.
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`By letter dated March 31, 2016, Trex demanded that Arlington Plating reimburse
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`Trex for a specified amount of response costs incurred and to be incurred by Trex at the Trex
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`Illinois Facility.
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`54.
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`To date, Arlington Plating has refused to cooperate and has not paid any response
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`costs incurred by Trex at the Trex Illinois Facility.
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`55.
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`Defendant Arris Group Inc. (“Arris Group”) is the successor to and/or is formerly
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`known as Antec Mfg. Co.
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`56.
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`According to Trex Illinois Facility records, Antec Mfg. Co. by contract,
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`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
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`transport for disposal or treatment, at least 20,900 gallons of materials to the Trex Illinois
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`Facility. These materials were owned by Antec Mfg. Co. and are described on Trex Illinois
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`Facility records as containing some or all of the following hazardous substance(s):
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`trichloroethylene.
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`57.
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`By letter dated March 31, 2016, Trex demanded that Arris Group reimburse Trex
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`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`58.
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`To date, Arris Group has refused to cooperate and has not paid any response costs
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`incurred by Trex at the Trex Illinois Facility.
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`59.
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`According to Trex Illinois Facility records, Defendant Avanti Engineering, Inc.
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`(“Avanti Engineering”) by contract, agreement, or otherwise arranged for disposal or treatment,
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`or arranged with a transporter for transport for disposal or treatment, at least 9,599 gallons of
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`materials to the Trex Illinois Facility. These materials were owned by Avanti Engineering and
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`are described on Trex Illinois Facility records as containing some or all of the following
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`hazardous substance(s): trichloroethane.
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`60.
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`By letter dated March 31, 2016, Trex demanded that Avanti Engineering
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`reimburse Trex for a specified amount of response costs incurred and to be incurred by Trex at
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`the Trex Illinois Facility.
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`61.
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`To date, Avanti Engineering has refused to cooperate and has not paid any
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`response costs incurred by Trex at the Trex Illinois Facility.
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`62.
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`Defendant Barron Metal Finishing, LLC (“Barron Metal”) is the successor to
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`and/or is formerly known as Barron Industries.
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`63.
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`According to Trex Illinois Facility records, Barron Industries by contract,
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`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
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`transport for disposal or treatment, at least 2,168 gallons of materials to the Trex Illinois Facility.
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`These materials were owned by Barron Industries and are described on Trex Illinois Facility
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`records as containing some or all of the following hazardous substance(s): trichloroethylene.
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`64.
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`By letter dated March 31, 2016, Trex demanded that Barron Metal reimburse Trex
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`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
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`Facility.
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`65.
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`To date, Barron Metal has refused to cooperate and has not paid any response
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`costs incurred by Trex at the Trex Illinois Facility.
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`66.
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`Defendant Belvedere USA, LLC (“Belvedere”) is the successor to and/or is
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`formerly known as Belvedere Corp.
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`67.
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`According to Trex Illinois Facility records, Belvedere Corp. by contract,
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`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
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`transport for disposal or treatment, at least 525 gallons of materials to the Trex Illinois Facility.
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`These materials were owned by Belvedere Corp. and are described on Trex Illinois Facility
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`records as containing some or all of the following hazardous substance(s): trichloroethylene.
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`68.
`
`By letter dated March 31, 2016, Trex demanded that Belvedere reimburse Trex
`
`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`69.
`
`To date, Belvedere has refused to cooperate and has not paid any response costs
`
`incurred by Trex at the Trex Illinois Facility.
`
`70.
`
`According to Trex Illinois Facility records, Defendant Berteau-Lowell Plating
`
`Works Inc. (“Berteau-Lowell”) by contract, agreement, or otherwise arranged for disposal or
`
`treatment, or arranged with a transporter for transport for disposal or treatment, at least 5,537
`
`
`
`13
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 14 of 59 PageID #:14
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`
`
`gallons of materials to the Trex Illinois Facility. These materials were owned by Berteau-Lowell
`
`and are described on Trex Illinois Facility records as containing some or all of the following
`
`hazardous substance(s): trichloroethylene.
`
`71.
`
`By letter dated March 31, 2016, Trex demanded that Berteau-Lowell reimburse
`
`Trex for a specified amount of response costs incurred and to be incurred by Trex at the Trex
`
`Illinois Facility.
`
`72.
`
`To date, Berteau-Lowell has refused to cooperate and has not paid any response
`
`costs incurred by Trex at the Trex Illinois Facility.
`
`73.
`
`According to Trex Illinois Facility records, Defendant Billet Specialties, Inc.
`
`(“Billet”) by contract, agreement, or otherwise arranged for disposal or treatment, or arranged
`
`with a transporter for transport for disposal or treatment, at least 1,595 gallons of materials to the
`
`Trex Illinois Facility. These materials were owned by Billet and are described on Trex Illinois
`
`Facility records as containing some or all of the following hazardous substance(s):
`
`trichloroethylene.
`
`74.
`
`By letter dated March 31, 2016, Trex demanded that Billet reimburse Trex for a
`
`specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`75.
`
`To date, Billet has refused to cooperate and has not paid any response costs
`
`incurred by Trex at the Trex Illinois Facility.
`
`76.
`
`Defendant Buhrke Industries, LLC, doing business as IMS Buhrke-Olson,
`
`(“Buhrke Industries”) is the successor to and/or is formerly known as Buhrke Industries.
`
`77.
`
`The Burhke Industries identified on Trex Illinois Facility records is located at 511
`
`W. Algonquin Road, Arlington Heights, IL 60005 with U.S. EPA I.D. No. ILD005146964.
`
`
`
`14
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 15 of 59 PageID #:15
`
`
`
`78.
`
`Burhke Industries is located at 511 W. Algonquin Road, Arlington Heights, IL
`
`60005.
`
`79.
`
`In 2004, Buhrke Industries merged with Innovative Manufacturing Solutions Inc.
`
`to form IMS Burhke LLC.
`
`80.
`
`Additionally, Defendant Buhrke Industries is the successor to and/or is formerly
`
`known as R. Olson Mfg. Company.
`
`81.
`
`On January 1, 1996, R. Olson Mfg. Co., Inc. changed its name to Olson
`
`International Ltd.
`
`82.
`
`In 2008, IMS Burhke LLC acquired Olson International Ltd. to form Buhrke
`
`Industries, LLC, doing business as IMS Buhrke-Olson.
`
`83.
`
`According to Trex Illinois Facility records, Buhrke Industries by contract,
`
`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
`
`transport for disposal or treatment, at least 19,239 gallons of materials to the Trex Illinois
`
`Facility. These materials were owned by Buhrke Industries and are described on Trex Illinois
`
`Facility records as containing some or all of the following hazardous substance(s):
`
`perchlorethylene, trichloroethane and trichloroethylene.
`
`84.
`
`Additionally, according to Trex Illinois Facility records, R. Olson Mfg. Company
`
`by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a
`
`transporter for transport for disposal or treatment, at least 6,372 gallons of materials to the Trex
`
`Illinois Facility. These materials were owned by R. Olson Mfg. Company and are described on
`
`Trex Illinois Facility records as containing some or all of the following hazardous substance(s):
`
`perchlorethylene, tetrachloroethylene and trichloroethylene.By letter dated March 31, 2016, Trex
`
`
`
`15
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 16 of 59 PageID #:16
`
`
`
`demanded that Buhrke Industries reimburse Trex for a specified amount of response costs
`
`incurred and to be incurred by Trex at the Trex Illinois Facility.
`
`85.
`
`To date, Buhrke Industries has refused to cooperate and has not paid any response
`
`costs incurred by Trex at the Trex Illinois Facility.
`
`86.
`
`According to Trex Illinois Facility records, Defendant Castle Metal Finishing
`
`Corp. (“Castle Metal”) by contract, agreement, or otherwise arranged for disposal or treatment,
`
`or arranged with a transporter for transport for disposal or treatment, at least 7,761 gallons of
`
`materials to the Trex Illinois Facility. These materials were owned by Castle Metal and are
`
`described on Trex Illinois Facility records as containing some or all of the following hazardous
`
`substance(s): trichloroethylene.
`
`87.
`
`By letter dated March 31, 2016, Trex demanded that Castle Metal reimburse Trex
`
`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`88.
`
`To date, Castle Metal has refused to cooperate and has not paid any response
`
`costs incurred by Trex at the Trex Illinois Facility.
`
`89.
`
`According to Trex Illinois Facility records, Defendant Chem-Impex International,
`
`Inc. (“Chem-Impex”) by contract, agreement, or otherwise arranged for disposal or treatment, or
`
`arranged with a transporter for transport for disposal or treatment, at least 40,363 gallons of
`
`materials to the Trex Illinois Facility. These materials were owned by Chem-Impex and are
`
`described on Trex Illinois Facility records as containing some or all of the following hazardous
`
`substance(s): dichloromethane and methylene chloride.
`
`
`
`16
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 17 of 59 PageID #:17
`
`
`
`90.
`
`By letter dated March 31, 2016, Trex demanded that Chem-Impex reimburse Trex
`
`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`91.
`
`To date, Chem-Impex has refused to cooperate and has not paid any response
`
`costs incurred by Trex at the Trex Illinois Facility.
`
`92.
`
`Defendant Cintas Corp. (“Cintas”) is the successor to and/or is formerly known as
`
`Unitog Rental Service.
`
`93.
`
`According to Trex Illinois Facility records, Unitog Rental Service by contract,
`
`agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for
`
`transport for disposal or treatment, at least 275 gallons of materials to the Trex Illinois Facility.
`
`These materials were owned by Unitog Rental Service and are described on Trex Illinois Facility
`
`records as containing some or all of the following hazardous substance(s): perchloroethylene.
`
`94.
`
`By letter dated March 31, 2016, Trex demanded that Cintas reimburse Trex for a
`
`specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`95.
`
`To date, Cintas has refused to cooperate and has not paid any response costs
`
`incurred by Trex at the Trex Illinois Facility.
`
`96.
`
`Defendant CKI Locker, LLC, doing business as American Locker, (“CKI
`
`Locker”) is the successor to and/or is formerly known as American Locker Security System Inc.
`
`97.
`
`According to Trex Illinois Facility records, American Locker Security System
`
`Inc. by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a
`
`transporter for transport for disposal or treatment, at least 20 gallons of materials to the Trex
`
`Illinois Facility. These materials were owned by American Locker Security System Inc. and are
`
`
`
`17
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 18 of 59 PageID #:18
`
`
`
`described on Trex Illinois Facility records as containing some or all of the following hazardous
`
`substance(s): trichloroethane.
`
`98.
`
`By letter dated March 31, 2016, Trex demanded that CKI Locker reimburse Trex
`
`for a specified amount of response costs incurred and to be incurred by Trex at the Trex Illinois
`
`Facility.
`
`99.
`
`To date, CKI Locker has refused to cooperate and has not paid any response costs
`
`incurred by Trex at the Trex Illinois Facility.
`
`100. Defendant Cosco Industries, Inc. (“Cosco Industries”) is the successor to and/or is
`
`formerly known as Consolidated Stamp Mfg. Co.
`
`101. According to Trex Illinois Facility records, Consolidated Stamp Mfg. Co. by
`
`contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a
`
`transporter for transport for disposal or treatment, at least 165 gallons of materials to the Trex
`
`Illinois Facility. These materials were owned by Consolidated Stamp Mfg. Co. and are described
`
`on Trex Illinois Facility records as containing some or all of the following hazardous
`
`substance(s): tetrachloroethylene.
`
`102. By letter dated March 31, 2016, Trex demanded that Cosco Industries reimburse
`
`Trex for a specified amount of response costs incurred and to be incurred by Trex at the Trex
`
`Illinois Facility.
`
`103. To date, Cosco Industries has refused to cooperate and has not paid any response
`
`costs incurred by Trex at the Trex Illinois Facility.
`
`104. Defendant D&W Fine Pack LLC (“D&W”) is the successor to and/or is formerly
`
`known as C&M Products Inc.
`
`
`
`18
`
`

`

`Case: 1:20-cv-04159 Document #: 1 Filed: 07/15/20 Page 19 of 59 PageID #:19
`
`
`
`105. According to Trex Illinois Facility records, C&M Products