EAST ST. LOUIS — The U.S. Federal Government and the State of Illinois have filed a suit claiming XTRA Intermodal is liable for environmental damages and cleanup costs associated with its property in St. Clair and Madison Counties.
The United States of America and State of Illinois filed a complaint March 30 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against XTRA Intermodal Inc., and X-L-O Inc., alleging violation of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
According to the plaintiffs' complaint, XTRA Intermodal owns a 132-acre "facility area" located in Fairmont City and Washington Park in St. Clair and Madison Counties which was the former site of a zinc smelting operation from 1912 through 1916. They allege the former operations at the site resulted in hazardous substances including lead, cadmium, zinc, arsenic and manganese being released into the soil, sediments and groundwater on the property. The plaintiffs claim that an investigation and feasibility study for the site was performed between 2005 and 2012 and that Environmental Protection Agency issued a Record of Decision and cleanup remedy in September 2012. The plaintiffs allege the defendants are liable for damages and loss of natural resources and are liable for "response costs" under CERCLA.
The plaintiffs seek monetary and all other proper relief. They are represented by Jeffrey Spector and Daniel Dertke of the U.S. Department of Justice, Steven Weinhoeft and Nathan Stump of the U.S. Attorneys Office for the Southern District of Illinois and Andrew Armstrong of the Illinois Attorney General's Office.
U.S. District Court for the Southern District of Illinois East St. Louis Division case number 3:21-CV-00339