EPA v. ELIZABETH MINE

Case summary

This is a peripheral party agreement in which the Settling Parties, current landowners of property located within the 800-acre Elizabeth Mine Superfund Site (“Site”) in Strafford and Thetford, Vermont. Settling Party Zagaeski, agrees to provide EPA up to 265,000 cubic yards of soil and borrow material for EPA’s use in implementing response activities on Zagaeski’s property. EMC/Cook Estate agrees to provide EPA 65,000 cubic yards of soil and borrow material for EPA’s use in implementing response activities on the EMC/Cook Estate property. Both Zagaeski and EMC/Cook Estate agree to grant access to their respective parcels and to implement extensive institutional controls. In exchange for this consideration, EPA grants the Settling Parties a covenant not to sue under Sections 106 and 107(a) of CERCLA with regard to the Site.

Defendants (3)

• ZAGAESKI TEDNamed in settlement
• ELIZABETH MINE CORPORATIONNamed in settlement
• ESTATE OF LEONARD COOKNamed in settlement

Facilities (1)

• ELIZABETH MINE

  MINE ROAD, STRAFFORD, VT, 05072

  Registry ID: 110060581883

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• ELIZABETH MINEentered 2008-06-11

  Primary law: CERCLA

Timeline (2 milestones)

• 2008-06-11Final Order Issued
• 2008-07-03Enforcement Action Data Entered