I 

108TH CONGRESS 

2D SESSION H. R. 5387 

To direct the Administrator of the Environmental Protection Agency to provide remedial actions and other assistance to affected residents near 

the Wauconda Sand and Gravel Superfund Site. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2004 

Mr. CRANE introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to provide remedial actions and other assistance 

to affected residents near the Wauconda Sand and Gravel Superfund Site. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wauconda Technical 

5 and Environmental Remediation Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The Wauconda Sand and Gravel Superfund 

2 site, included on the National Priorities List (Sep3 tember, 1983) by the EPA, is a former sand and 

4 gravel operation in Lake County, Illinois. 

5 (2) In 1941, the Wauconda Sand and Gravel 

6 Pit in the Village of Wauconda in Lake County, Illi7 nois, began operation as a landfill. 

8 (3) According to a health consultation report 

9 released by the Agency for Toxic Substances and 

10 Disease Registry, this landfill accepted an estimated 

11 5.4 million cubic yards of waste that included resi12 dential garbage, construction debris, and industrial 

13 waste and sludge until it closed in July, 1978. 

14 (4) The site consists of roughly 74 acres, which 

15 includes a 47-acre non-permitted landfill and a 6- 

16 acre landfill permitted by the Illinois environmental 

17 protection agency. 

18 (5) After receiving information concerning the 

19 dumping of large quantities of polychlorinated 

20 biphenyl, the EPA and the Illinois environmental 

21 protection agency started investigations into the pos22 sibility of chemicals leaking from the site. 

23 (6) The EPA, after receiving the results from 

24 those investigations, placed the Wauconda Sand and 
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1 Gravel pit on the National Priorities List in Sep2 tember, 1983. 

3 (7) On September 15, 2003, the Lake County 

4 Health Department, Illinois, started sampling 17 

5 residential wells east of the site. The results of the 

6 testing of these wells showed vinyl chloride contami7 nation in 7 wells, with the highest level of contami8 nation being 3.6 micrograms per liter. 

9 (8) On January 13, 2004, the Lake County 

10 Health Department held a public meeting to discuss 

11 these results with local residents. The EPA started 

12 negotiating with potentially responsible parties, 

13 named the Wauconda Task Group, to provide for the 

14 testing of 121 additional wells in the Hillcrest sub15 division in Wauconda and to provide bottled drink16 ing water to Wauconda residents. 

17 (9) After completion of the testing in March, 

18 2004, 81 of the 121 residential wells tested showed 

19 vinyl chloride contamination. 

20 (10) The results were discussed with local resi21 dents and the Wauconda Task Group provided bot22 tled drinking water to Wauconda residents whose 

23 wells tested above 1 microgram of vinyl chloride per 

24 liter. 
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1 (11) The Wauconda Task Group, under the 

2 oversight of the EPA, was also given the opportunity 

3 to expand testing sites. 

4 SEC. 3. ASSISTANCE. 

5 (a) IMMEDIATE ASSISTANCE.—The Administrator of 

6 the EPA shall— 

7 (1) provide bottled drinking water to Wauconda 

8 residents served by residential wells with any con9 tamination of vinyl chloride; and 

10 (2) increase the testing and monitoring of wells 

11 of Wauconda residents. 

12 (b) CONTINUING RESPONSIBILITY.—Nothing in this 

13 Act may be construed to relieve the Administrator, any 

14 other head of a Federal agency, or a potentially liable 

15 party of any legal liability with respect to the cleanup of 

16 the Wauconda Sand and Gravel Superfund site. 

17 (c) REMEDIAL ASSISTANCE.—The Administrator 

18 shall— 

19 (1) conduct a study to examine possible long 

20 term solutions to remediate the Wauconda Sand and 

21 Gravel Superfund site and to provide a clean drink22 ing water source for Wauconda residents; and 

23 (2) make recommendations and implement a 

24 long term solution based on such recommendation to 
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1 provide a clean drinking water source for such resi2 dents. 

3 (d) COMPREHENSIVE RESOLUTION.—The Adminis4 trator shall work with the heads of other appropriate Fed5 eral and State agencies to seek a comprehensive resolution 

6 to both the short term and long term environmental and 

7 health problems related to the Wauconda Sand and Gravel 

8 Superfund site. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section, 

11 $6,000,000 from the Hazardous Substance Superfund es12 tablished under section 9507 of the Internal Revenue Code 

13 of 1986. 

14 SEC. 4. DEFINITIONS. 

15 For purposes of this Act: 

16 (1) WAUCONDA RESIDENT.—The term 

17 ‘‘Wauconda resident’’ means an individual living 

18 within a 1.5-mile radius of the Wauconda Sand and 

19 Gravel Superfund site. 

20 (2) EPA.—The term ‘‘EPA’’ means the Envi21 ronmental Protection Agency. 

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