Arnold Magnetic Technologies Inc., and its site owner, 300 West LLC, were named as co-defendants in a lawsuit filed by the Illinois Attorney General’s Office to enforce testing and cleanup of groundwater contamination at a Marengo-area industrial site.

A lawsuit filed by the Illinois Attorney General’s Office to enforce testing and cleanup of groundwater contamination at a Marengo-area industrial site has moved to possible settlement negotiations with the defendants, with an Aug. 6 hearing on the horizon. No particulars of the discussions have been disclosed.

Arnold Magnetic Technologies Inc., and its site owner, 300 West LLC, were named as co-defendants in the suit, at the behest of the Illinois Environmental Protection Agency in June 2013, and a subsequent modification suit entered in March of this year. The stipulations called for a strict battery of testing from both on and off-site monitoring wells, and the raw data, to determine the contamination’s extent.

At issue is the status of approximately 17 private and noncommunity water wells located within one mile of the 300 West site, and the Kishwaukee River that runs 1.5 miles away from the site, contaminated by chlorinated chemical solvents from ground water, or seepage, flowing north-northwest on a downgrade.

The solvents used in their production of making magnetic items degrade into vinyl chloride, a cancer-causing agent that dissolves in water and can migrate through groundwater. Around May 2010, they retained Environmental Group Services Ltd. as a consultant with monitoring wells producing on-site samples. Concentrations of the vinyl chloride, PCE, TCE, and other carcinogens were detected.

With oversight from the IEPA, 13 private off-site wells were tested. Chlorinated VOC’s were found in six of the wells, located on Ritz Road and Railroad Street. With violations of Class I Groundwater Quality Regulations exceeded, Arnold and 300 West were at fault for creating the situation.

“We are currently negotiating a possible settlement with the defendants, and the upcoming hearing will be the next episode,” said Annie Thompson, the deputy press secretary for the Illinois Attorney General’s Office. “As for the particulars, since this is an ongoing process, we cannot disclose anything about them.

“Our priority is to make sure there is a safe, potable source of drinking water for the nearby residents. The contaminated wells are all part of the negotiations. Whether it will be monetary or remedial action has et to be determined, although the penalties were spelled out.”

Several attempts to contact Arnold Magnetics Technologies general manger Robert Splitt, for comment, were unsuccessful. Phone contact with a customer service representative did return a statement attributed to Splitt: “The matter is still in litigation, and as a result, we cannot and will not make comment at this time.”

According to the initial filing, recourse includes “Assessing a civil penalty of $50,000 against the defendants for each violation of the (clean water) act, and an additional penalty of $10,000 for each day of violation.”

The defendants are ordered to “Pay all costs, including oversight, sampling and cleanup costs, attorney, expert witness, and consultant fees.”

The plant site lies outside of Marengo’s municipal boundaries and previous incidents led to misinformation being spread through the community. Initially, the city had planned to put a well on Meyer Road, proximal to the site, but halted over concerns with contamination.

A resident, Geneva Lewis, whose family lives near the site, had said that stoppage of well installation was over contamination concerns but she could not verify the veracity of the claims. She, and other residents attended council meetings in the fall 2014, as ‘word was out they were going to vote, or discuss the matter of a water main.”

During that time, representatives of 300 West LLC had also addressed the city council with a resolution offer through paying for the infrastructure to bring city water to their site. The offer also led to misinformation that residents would be forced to hook into the system.

Last April, City Administrator Gary Boden acknowledged the offer, and also indicated the city would not pay for the infrastructure, nor the legal fees, as it was cost-prohibitive. Piping was estimated at $2 million, and there were questions of necessity and the actual extent of the contamination.

At its June 8 meeting, the Marengo City Council heard concerns from three residents on Ritz Road about the status of the contamination and testing. Ed Coggin, a consultant hired by the city, from Lake County-based Weston Solutions, updated the status of the testing.

“Indications are the plume is north of the railroad tracks heading west, and the agent-14 dioxin is separating from chlorides, and moved to irrigation wells that have drawn the plume,” said Boden. “The positioning is what was expected, and there was no indication that test wells of south of the railroad tracks showed contaminants.

“Again, there is no plan for annexation, and Mayor (Donald) Lockhart was emphatic about that concern at the meeting. Conditions are understood that if a water main is a solution, somebody pays for it. Hook-up would be only for the water bill, not sewer. From a practical standpoint, annexing that area is not feasible, since the property taxes don’t offset the road maintenance costs.”

Thompson had said the reason for the Illinois Attorney General’s involvement was basically acting as the state’s lawyer, in this case. The IEPA documents showed the plant had operated for more than a century, yet the contamination occurred over the last two decades, with the defendants at fault.

“This type of activity, where an injunction was filed, dictates attention, especially where a state agency requires enforcement of its stipulations,” she said. “We will be organizing meetings with the community in the next several weeks, as a means of presenting information and hearing concerns on the water quality. That date will be well-publicized.”

Several attempts to contact Arnold Magnetics Technologies general manger Robert Splitt, for comment, were unsuccessful. Phone contact with a customer service representative did return a statement attributed to Splitt: “The matter is still in litigation, and as a result, we cannot and will not make comment at this time.”