EPA v. ELY MINE FOREST INC

Case summary

EPA has referred to the Department of Justice an administrative settlement agreement under Section 122(h) of CERCLA for costs associated with the Ely Copper Mine Superfund Site located in Vershire, Vermont. The settlement is a limited ability to pay settlement with Ely Mine Forest, Inc. (EMFI) the current owner of property at the Site, and requires EMFI to use its remaining cash assets, estimated at $370,000, only for certain expenditures approved by EPA. In addition, the Settlement Agreement requires EMFI to use best efforts to market and sell the Site property, subject to EPA approval. The Settlement Agreement further obligates EMFI to allow EPA and the State of Vermont to remove and use borrow material located on the Site property, provide access to EPA and the State and its contractors, and prepare and record any documents necessary to implement institutional controls on the Site property as directed by EPA and the Vermont Agency of Natural Resources. The Settlement Agreement also requires EMFI to ensure that that any transfer of the Site property will include an obligation that the buyer will comply with the foregoing provisions of the Settlement Agreement.

Defendants (1)

• ELY MINE FOREST INCNamed in settlement

Facilities (1)

• ELY COPPER MINE

  1515 S VERSHIRE RD, VERSHIRE, VT, 05079

  Registry ID: 110009347055

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• ELY MINE FOREST INCentered 2011-05-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-05-17Final Order Issued
• 2011-07-07Enforcement Action Data Entered