EPA v. CANNELTON INDUSTRIES, INC.

Case summary

THIS REFERRAL REQUESTS INITIATION OF LITIGATION TO RECOVER RESPONSE COSTS INCURRED AT THE CANNELTON INDUSTRIES SITE IN SAULT STE. MARIE, MICHIGAN (THE SITE). THE SITE, WHICH IS LISTED ON THE NATIONAL PRIORITIES LIST (NPL), WAS THE LOCATION OF A TANNERY FACTORY. THE WASTE FROM THIS OPERA- TION CONTAMINATED THE SURROUNDING SOIL, SEDIMENT AND GROUND- WATER. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA OR EPA) CONDUCTED SEVERAL REMOVAL ACTIONS AT THE SITE, AS WELL AS A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS). A RECORD OF DECISION (ROD) FOR THE SITE WAS ISSUED ON SEPTEMBER 30, 1992, AND A ROD AMANDMENT WAS PUBLISHED ON SEPTEMBER 27, 1996. THE POTENTIAL RESPONSIBLE PARTY (PRP), WHILE NOT CONDUCTING THE RI/FS, DID AGREE IN AN ADMINISTRATIVE ORDER ON CONSENT (AOC) TO CONDUCT THE REMEDIAL DESIGN OF THE SELECTED REMEDY AND, BY A UNILATERAL ADMINISTRATIVE ORDER (1998 UAO), TO CONDUCT THE REMEDIAL ACTION. AS OF DECEMBER 31, 1997, U.S. EPA HAS INCURRED $2,650,611.77 IN UNIMBURSED RESPONSE COSTS AT THE SITE. U.S. EPA'S OVERSIGHT COSTS FOR THE REMEDIAL DESIGN AND REMEDIAL ACTION ARE BEING PAID PURSUANT TO THE ISSUED AOC AND 1990 UAO, EXCEPT FOR A CHALLENGE TO ANNUAL ALLOCATION COSTS, WHICH TOTAL $40,556.14. THIS AMOUNT IS INCLUDED IN THE ABOVE FIGURE OF $2,650,611.77 FOR UNREIMBURSED COSTS. THUS, THE ONLY COSTS SOUGHT IN THIS REFERRAL BY EPA ARE PAST COSTS. THE CANNELTON INDUSTRIES, INC., A DIVISION OF CYPRUS AMAX MINERAL COMPANY, IS THE CURRENT OWNER OF THE SITE.

Defendants (2)

• CANNELTON INDUSTRIES, INC.Named in complaintNamed in settlement
• CYPRUS AMAX MINERALS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CANNELTON IND SITE

  SEC11 T47N R1W, SAULT STE MARIE, MI, 88999

  Registry ID: 110010740163

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CANNELTON INDUSTRIES, INC.entered 1999-07-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-09-15Referred To Dept Of Justice
• 1998-09-16Enforcement Action Data Entered
• 1999-04-22Final Order Lodged
• 1999-04-22Complaint Filed With Court
• 1999-07-28Final Order Entered
• 1999-08-27Concluded
• 1999-08-27Enforcement Action Closed