Published in the Chicago Tribune July 04, 2010

By Stephanie Lulay, Marissa Monson and Ellen Gabler, Chicago Tribune

Ray Hott bought a strip of land in DeKalb so he'd have a place to store his collection of cars. He converted an old union hall on the property into a part-garage, part-apartment, and planted a garden that sprouted huge tomatoes.

That was four years ago. What Hott didn't know was that a century earlier, his land had been next to a gas plant that burned coal to produce fuel for lighting, heating and cooking.

He also had no idea that the former owners left behind toxic chemicals that have lingered in the ground for decades, according to court and regulatory records.

Hott discovered the problem when he consulted with the city about expanding his building. Worried about possible health effects and the resale value of his property, Hott sued the utilities responsible for cleaning up the contamination.

At least 100 sites in Illinois are similarly contaminated with varying amounts of hazardous chemicals including coal tar, a byproduct of the coal-burning process that contains carcinogens such as benzene, as well as other toxic substances, like cyanide.

But the cleanup and identification of these sites has dragged on for years, or even decades, in a process that is expensive, often contentious and nowhere near complete. Utility companies are responsible for the cleanup but can follow their own timetables in what is essentially a voluntary process.

Some Illinois sites have sat inactive for years or never been completely investigated to determine the extent of contamination, the Tribune found in conjunction with journalism graduate students from the University of Illinois.

The sites are dotted through residential, commercial and industrial areas, and many people living near them don't know they exist. And those who want more information would have a hard time because data and records kept by the state are, in many cases, inaccurate, incomplete and difficult to understand, the Tribune found.

"If these sites are just sitting idle with no investigation taking place, people are potentially at risk," said Ed Cooney, an environmental consultant{C}{C}{C}{C} who has worked on manufactured gas plant projects, including consulting for Hott in his dispute. "At what point is there an obligation to tell neighbors that they might have an issue?"

Utility officials say they are working diligently to clean up the former gas plants but the process is complex and time-consuming. Thirty-one sites in Illinois have been cleaned to Illinois Environmental Protection Agency standards, and other projects are under way.

Greg Dunn, manager of the cleanup program for the state Environmental Protection Agency, said he thinks the utilities have cleaned up the "worst of the worst" in terms of contaminants and sees no immediate public health risk.

Nationwide, thousands of former manufactured gas plants have yet to be identified by regulators or the companies responsible for the cleanups, according to estimates by environmental experts and government reports. Estimates for cleanups in the U.S. reach as high as $120 billion.

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In Illinois, utility customers are the ones who ultimately foot the bill for cleaning the contaminated sites. Utilities estimate the costs and charge customers a small monthly fee{C}{C}{C}{C}, a process monitored by the Illinois Commerce Commission.

Health questions

EPA and utility officials say the sites won't make anyone sick because the contaminants are underground. Though the chemicals can contaminate groundwater, many municipalities don't use groundwater for drinking, and other areas that do monitor it, Dunn said.

But contaminants are known to migrate underground in soil and groundwater, meaning they can cross into neighboring properties. The toxic substances can leach into lakes and rivers and do not break down over time. Several sites in Chicago are near the Chicago River. Vapors from the chemicals also could migrate into buildings and create a hazard if people breathe them, Cooney said.

"The potential exposure left behind by these contaminants are of real concern," he added.

Brian Martin, an environmental scientist who works for the utility Ameren, said he has never seen a site that posed an immediate threat to human health.

"We want to make sure (sites) don't cause an impact for someone in the future," he said.

Dunn acknowledged that though it can be difficult for the general public to find out information about some sites, he said neighbors are alerted before a cleanup.

He said the utilities also check sites annually for problems or changes in condition, although no formal documentation is required.

"I just have to trust them," he said. "I hope that's what they are doing."

The utilities say the cleanups take a long time because they are complicated and roadblocks and delays are common. Time and resources are also limited.

"They can only do so much in a year," said Jennifer Seul, a site manager with the Illinois EPA.

One of the most high-profile cleanups was Barrie Park in Oak Park, where utilities spent almost six years and at least $50 million before the project was finished in 2005.

Dunn said the utilities had workers dig 40 feet into the ground and haul out more than 300,000 tons of soil at Barrie Park. A large tent was set up to prevent contaminants from blowing into the air.

The cleanups also come with potential liabilities. A project in Taylorville prompted a lawsuit in which parents alleged that careless removal of contaminants in that central Illinois town led to their children getting neuroblastoma, a cancer of the nervous system. Though a link between contaminants and the cancers was never definitively established, a jury in 1998 awarded $3.2 million to the families.

Another challenge is simply finding the location of a former manufactured gas plant, which can be like solving a mystery. Gas plant structures were knocked down decades ago, so officials must use old fire insurance maps, gas plant directories from the late 1800s and early 1900s, and antiquated company records to determine what areas are most likely contaminated.

There are also turf battles. Although utilities are responsible for cleaning up sites, they must negotiate with property owners who have since acquired the land before digging. Some owners refuse to allow access, which stalls the cleanup. On other sites, buildings were built atop the sites, complicating the testing of soil and groundwater.

In some cases, highways, roads or Metra stations have been built where former gas plants were thought to be. North Shore Gas said a site in Waukegan and one in Deerfield were "likely dug up in whole or in part" during earlier construction, so the utility would not investigate or clean the site any more.

Critics say the lack of investigation is worrisome and another way for utilities to drag their feet.

"The idea is to do as little as possible for as long as possible," said Allen Hatheway, a retired Missouri engineer and professor who has studied manufactured gas plants for decades.

How clean is clean?

Hott's property in DeKalb was identified as contaminated but never fully cleaned up, according to court and regulatory records and Cooney, the environmental consultant.

Commonwealth Edison and Nicor Gas Co., which used to be one company, are responsible for cleaning up the manufactured gas plant site in DeKalb, next to Hott's property. Hott's land was identified as a "coke yard" where byproducts were stored, although the utilities now dispute that his property was part of a plant.

The companies filed documents with the Illinois EPA that show testing had revealed contamination on Hott's land. The utilities paid to remove some soil from his property, but the records show his land was still contaminated after the soil removal.

Nancy J. Rich, an attorney who represented Hott as well as the Park District of Oak Park in the Barrie Park cleanup, said legal battles between property owners and the utilities often center on the standard for cleanup. In the Barrie Park case, she said, the utility company's first offer was to clean up the park to meet commercial/industrial standards.

"You don't want your kids playing in what's considered an industrial site," she said.

Testing on Hott's property found the soil did not meet industrial/commercial standards, Cooney said. Hott also was worried that not enough testing had been done to know the extent of the contamination.

Dunn, with the Illinois EPA, said land owners can sometimes be unreasonable with cleanup demands, wanting pristine conditions or financial compensation.

"Everyone sees the utilities with deep pockets," he said.

In Skokie, another battle over a contaminated site has been playing out for years.

A fence and several No Trespassing signs surround an 18-acre field next to Skokie Sports Park that was slated to one day host a playground, soccer fields and baseball diamonds.

In 2002, the Metropolitan Water Reclamation District of Greater Chicago sued Nicor and ComEd, pressing the utilities to clean up the land to a high standard. The district also wanted to be reimbursed for $129,000 it spent initially investigating the site.

The utilities and the district are working out a settlement to remove soil at the park in a project that's likely to take 18 to 24 months, said Skokie Mayor George Van Dusen. The utilities wouldn't comment on the case.

Hott negotiated with the utility companies, too, and Nicor bought his land. Though he's grateful his problem is solved, Hott said a legal battle shouldn't have been necessary to spur cleanup.

"It's surprising that they are mandated to clean up these sites but seem reluctant to do so," Hott said.

Ellen Gabler is a Tribune reporter. Stephanie Lulay and Marissa Monson worked on this report as part of an independent project as University of Illinois graduate students.