SUMMIT, Ill. (STMW) – The state filed a complaint Tuesday against the owners of a former gas station where an “oily sludge” allegedly leaked into the ground and water from an underground storage tank.

Illinois Attorney General Lisa Madigan claims an underground storage tank at 7501 W. 63rd St. in Summit leaked oil and an “oily sludge” that may have entered groundwater, according to the complaint filed in Cook County Circuit Court.

Geraldine Durka Phillips, Raymond E. Durka, Joseph Durka and Alice Alifantis are listed as owners of the site through a beneficiary under a trust agreement, the complaint said.

The complaint said the Village of Summit unearthed the tank while performing road improvement work in an alley adjacent to the former service station that is now a vacant lot.

On Nov. 7, 2008, the Illinois Emergency Management Agency and Office of the State Fire Marshall observed the 550-gallon tank leaking an oily sludge, the complaint said. A contractor who excavated the site later told the Illinois EPA the tank had numerous holes on each side.

The complaint says the site has never been permitted for disposal of waste and is not a “sanitary landfill,” so the EPA considers the tank open dumping.

The two-count complaint asks a judge to order the defendants remove all waste, perform soil and groundwater testing, and do all work necessary to remove the contamination. It is also seeking a $50,000 penalty with an additional $10,000 penalty for each day of violation, plus costs of the EPA investigation.

The defendants could not be reached for comment.

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