EPA v. ASARCO BANKRUPTCY (CIRCLE SMELTING AND ASARCO TAYLOR SPRINGS) (CERCLA) (National Case)

Case summary

THIS REFERRAL REQUEST THAT THE DEPARTMENT OF JUSTICE FILE A PROOF OF CLAIM IN THE ASARCO BANKRUPTCY PROCEEDING. THE CLAIMS ARISE FROM CERCLA ACTIONS AT TWO SITES; CIRCLE SMELTING IN BECKEMEYER, ILLINOIS AND ASARCO TAYLOR SPRINGS, IN TAYLOR SPRINGS, ILLINOIS. BOTH SITES INVOLVE FORMER ZINC SMELTERS OWNED AND OPERATED BY ASARCO WHERE LARGE QUANTITIES OF ZINC SLAG CONTAINING LEAD AND OTHER METALS THAT WERE SPREAD OVER THE SMELTER FACILITY, RESIDENTIAL, AND MUNICIPAL AREAS. ASARCO PRESENTLY OWNS THE SMELTER PROPERTY ON BOTH SIDES. THE SETTLEMENT ALSO INVOLVES THE FEDERATED METALS/SAXON (WHITING SITE) IN LAKE COUNTY, INDIANA FOR RCRA CORRECTIVE ACTION. THE RCRA CORRECTIVE INJUNCTIVE RELIEF IS VALUED AT $1.2 MILLION AND IS BEING APPLIED TO THE DIRECT ENVIRONMENTAL BENEFITS FOR A TOTAL OF $5,400,000 FOR ALL THREE REGION 5 SITES.

Defendants (1)

• ASARCO LLCNamed in complaintNamed in settlement

Facilities (4)

• ASARCO TAYLOR SPRINGS

  PUBLIC ROAD AND BROADWAY STREET, TAYLOR SPRINGS, IL, 62089

  Registry ID: 110071101386

• CIRCLE SMELTING CORP.

  STATE RTE 50, BECKEMEYER, IL, 62231

  Registry ID: 110060952394

• SAXON METALS COMPANY

  2230 INDIANAPOLIS BLVD., WHITING, IN, 46394

  Registry ID: 110001129859

• FEDERATED METALS CORP

  2230 INDIANAPOLIS BLVD, WHITING, IN, 46394

  Registry ID: 110072214576

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ASARCO BANKRUPTCY (CIRCLE SMELTING AND ASARCO TAYLOR SPRINGS) (CERCLA) CUSTODIAL TRUST SETTLE (NC)entered 2009-06-05

  Primary law: CERCLA

• ASARCO BANKRUPTCY (CIRCLE SMELTING AND ASARCO TAYLOR SPRINGS) MISC SITES SETTLE (NATIONAL CASE)entered 2009-06-05

  Primary law: CERCLA

Timeline (5 milestones)

• 2006-01-27Referred To Dept Of Justice
• 2006-02-16Complaint Filed With Court
• 2006-08-02Enforcement Action Data Entered
• 2009-03-19Final Order Lodged
• 2009-06-05Final Order Entered