EPA v. COPPER BASIN MINING DISTRICT SITE - OU 3 AND OU 5

Case summary

EPA HAS SETTLED OXY USA INC.'S LIABILITY FOR OUs 3 AND 5 AT THE COPPER BASIN MINING DISTRICT SITE UNDER CERCLA SECTION 107(a), AS AMENDED. TWO RD/RA CDs FOR OUs 3 AND 5, AT THE SITE WERE SIGNED. THE RD/RA CDs ARE BETWEEN EPA, STATE OF TN, TENNESSEE VALLEY AUTHORITY, SETTLING FEDERAL AGENCIES AND OXY USA, INC. OXY HAS AGREED TO PAY EPA $10,770,509.33 IN PAYMENT FOR PAST RESPONSE COSTS AT THE SITE, PERFORM THE REMEDIES FOR OUs 3 AND 5 AND PAY FUTURE RESPONSE COSTS. THE RD/RA CD OU 3 ALSO PROVIDES A COVENANT TO THE SETTLING FEDERAL AGENCIES THAT WILL COVER PAST RESPONSE COSTS. THE SITE ENCOMPASSES AN AREA OF ABOUT 50 SQUARE MILES ADJACENT TO THE TOWNS OF COPPERHILL AND DUCKTOWN, TN. IT COMPRISES PORTIONS OF THE WATERSHEDS OF NORTH POTATO CREEK (NPC) AND DAVIS MILL CREEK (DMC) AND A 26-MILE LONG REACH OF THE OCONEE RIVER. MINING SMELTING BEGAN AT THE SITE IN THE 1840s. FOR MANY YEARS, NUMEROUS OPERATORS SIMULTANEOUSLY WORKED PORTIONS OF THE SITE. MINING CEASED AT THE SITE IN 1987. CHEMICAL PRODUCTION CONTINUED UNTIL ENDING IN JUNE 2008. OU3 IS THE DAVIS MILL CREEK COLLECTION AND TREATMENT SYSTEM AND COMPRISES SURFACE WATER, SEDIMENT, AND SEDIMENT PORE WATER. FOR OVER 150 YEARS, WATERS FROM THE MINING, PROCESSING, AND CHEMICAL OPERATIONS IN THE COPPER BASIN WERE PLACED IN, ON, AND AROUND DMC AND ITS WATERSHED. OU5 IS A 26-MILE LONG REACH OF THE OCOEE RIVER DOWNSTREAM OF THE SITE PROPER AND INCLUDES 3 AREAS: THE COPPER BASIN REACH, OCOEE NO. 3 DAM AND RESERVOIR, AND OCOEE NO. 1 DAM AND THE PARKSVILLE RESERVOIR. OXY HAS SPENT APPROX $162 MILLION CONDUCTING CLEANUPS AT THE SITE. OXY RECEIVED A 2015 GOVERNOR'S ENVIRONMENTAL STEWARDSHIP AWARD FROM THE STATE OF TN FOR REMEDIATING THE SITE FOR THE PAST 15 YEARS.

Defendants (2)

• U.S. DEPARTMENT OF ARMYNamed in complaintNamed in settlement
• OXY USA, INC.Named in complaintNamed in settlement

Facilities (1)

• COPPER BASIN MINING DISTRICT

  TOCCOA STREET, HWY 68, COPPERHILL, TN, 37317

  Registry ID: 110009321420

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• COPPER BASIN MINING DISTRICT SITE - OU 3entered 2016-08-11

  Primary law: CERCLA

• COPPER BASIN MINING DISTRICT SITE - OU 5entered 2016-08-11

  Primary law: CERCLA

Timeline (7 milestones)

• 2013-03-12PRN Sent
• 2014-05-28Enforcement Action Data Entered
• 2016-03-31Referred To Dept Of Justice
• 2016-04-22Complaint Filed With Court
• 2016-04-22Final Order Lodged
• 2016-08-11Concluded
• 2016-08-11Final Order Entered