EPA v. TORCH LAKE

Case summary

THE TORCH LAKE SITE CONSISTS OF THREE OPERABLE UNITS (OU'S) AROUND THE KEWENAW PENINSULA, THE LOCATION OF COPPER MINING, MILLING AND SMELTING FROM 1868 TO 1968. THE SITE WAS LISTED ON THE NPL IN 1986. EPA ISSUED RECORDS OF DECISION ON SEPTEMBER 30, 1992 FOR OU'S I AND III; AND ON MARCH 31, 1994 FOR OU II. FOR OU'S I AND III, THE SELECTED REMEDY IS STABILIZATION AND VEGETATION OF ON-LAND TAILINGS AND SLAG PILES, BASED ON THE ECOLOGICAL RISK OF CONTINUOUS RELEASE. DEED RESTRICTIONS AND REMOVAL OF DEBRIS ARE ALSO REQUIRED. FOR OU II, THE NO ACTION ALTERNATIVE WAS SELECTED. THE ON-LAND REMEDY WAS FOUND TO BE SUFFICIENT TO ALLOW REPAIR OF DAMAGE TO THE BENTHIC COMMUNITY BY NATURAL SEDIMENTATION. REMEDIAL DESIGN AND REMEDIAL ACTION HAVE NOT BEEN COMPLETED. TOTAL COSTS ARE EXPECTED TO REACH APPROXIMATELY $9 MILLION. POTENTIALLY RESPONSIBLE PARTIES (PRP'S) INCLUDED BOTH PRESENT OWNERS AND GENERATORS. MOST PRESENT OWNERS WERE INDIVIDUAL LAND OWNERS AND MUNICIPALITIES, AND SETTLEMENT WITH THESE PARTIES WAS BASED ON CONSENT FOR ACCESS AND DEED RESTRICTIONS. MOST GENERATORS HAD DISSOLVED WITHOUT LEAVING SUCCESSORS. COPPER RANGE CO. (CRC) WAS THE SUCCESSOR TO A NUMBER OF GENERATORS. CRC MAD A GOOD FAITH OFFER OF $183,425 ON OCTOBER 17, 1995, LEADING TO A SETTLEMENT OF PAST AND FUTURE COSTS FOR $325,000.

Defendants (1)

• COPPER RANGENamed in complaintNamed in settlement

Facilities (1)

• TORCH LAKE

  STE RTE 26 N OF QUINCY MILLS, HOUGHTON COUNTY, MI, 49934

  Registry ID: 110009292336

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TORCH LAKE - COPPER RANGEentered 1997-10-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-07-27PRN Sent
• 1997-03-01Enforcement Action Data Entered
• 1997-03-05Referred To Dept Of Justice
• 1997-06-17Final Order Lodged
• 1997-06-17Complaint Filed With Court
• 1997-10-24Final Order Entered
• 1997-11-07Concluded