The Burr Ridge Board of Trustees voted Monday to seek legal help in possibly recovering village costs from the U.S. Environmental Protection Agency over the Sterigenics chemical leak.
In early 2019, air tests revealed Sterigenics, a medical sterilization plant, had leaked ethylene oxide in the Willowbrook and Burr Ridge areas. The chemical is a carcinogen and Burr Ridge Mayor Gary Grasso said the EPA failed the disclose the severity of the leak to local leaders.
“There appears to have been a deliberate withholding of information from the public about information about Sterigenics,” Grasso said. He added the town spent about $100,000 on the issue, including paying for numerous air tests, all of which the town spent “unnecessarily,” according to Grasso.
Grasso said the lawsuit would be filed with Willowbrook and the communities would share legal counsel.
“We believe there is a federal tort claims case that could be pursued successfully,” he said.
The board liked the idea.
“I definitely think we should go forward with this,” said Trustee Al Paveza.”
Trustee Anita Mital agreed with the plan, but she wondered what it would cost the village. The mayor did not have an estimate, but he said the costs could vary and the lawsuit might be paid on a contingency basis, meaning if the towns won the suit, the legal fees would be paid out of that settlement. In any event, Grasso said the board would have final say.
“It would be subject to your approval, the terms of which would be disclosed to the public,” he said.
Grasso explained he believes the EPA failed in its most basic of duties by not disclosing all relevant information as soon as it was available because it harmed citizens.
“I’ve often said the No. 1 job of the government, at any level, local county or federal, is to protect the public,” he said. “When your own government doesn’t do that and in fact appears to actively not do that, I think It’s incumbent on the public to react.”
Trustee Guy Franzese agreed.
“They deliberately withheld crucial information about the toxicity,” Franzese said. “There have been and there are residents who are suffering from the toxic, cancerous effects of this chemical. First and foremost we need to send a valuable message to this agency that they will not withhold this information from the public.”
It’s not clear just how much the village could get out of the lawsuit, but Grasso said the damages are of secondary importance.
“The principle is much more important that the dollars,” Grasso said.
The mayor said the federal government had ample opportunity to warn residents of the health risks — including even in person — but they did not.
“The US EPA representative came here to honestly answer all of our questions and had every opportunity at the time to correct the record,” Grasso said. “That was the time. They were physically here, in Burr Ridge, in our face, and they still did not tell us the truth.”
The board voted unanimously to look into filing the lawsuit with Willowbrook.
One of the only comments from the public Monday was also in support of the lawsuit.
“I obviously support this measure, I think it’s an important one that does send a message,” said Richard Morton, a longtime meeting attendee. “There is a rot in the United States Environmental Protection Agency. They are not protecting the environment.”
Jesse Wright is a freelance reporter.
