EPA v. CHINO MINES COMPANY

Case summary

1. SECTIONS 104, 107, 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9604, 9607, AND 9622. 2. CHINO MINES COMPANY PHELPS DODGE MINING COMPANY 210 CORTEZ HURLEY, GRANT COUNTY, NEW MEXICO 3. RESPONDENT CHINO MINES CO. IS A NEW MEX. GENERAL PARTNER- SHIP. PHELPS DODGE CHINO, INC. ACQUIRED 66% OWNERSHIP OF CHINO MINES CO. ON DEC. 31, 1986, AND OPERATES IT AS A NEW MEXICO GENERAL PARTNERSHIP WITH HEISEI MINERALS CORP- ORATION, AS DELAWARE CORPORATION. THE SITE KNOWN AS THE CHINO MINES SITE AND IS LOCATED ON APPROXIMATELY 119,000 ACRES IN GRANT COUNTY, NEW MEXICO. CHINO MINES CONDUCTS OPEN PIT COPPER MINING AND COPPER SMELTING ON THE SITE. THE SITE INCLUDES NOT ONLY THAT PROPERTY USED FOR ACTUAL MINING OPERATIONS, BUT MAY ALSO INCLUDE AREAS CONTIGUOUS TO THE SITE BOUNDARY WHERE CONTAMINATION IS DISCOVERED THAT ORIGINATED FROM HAZARDOUS SUBSTANCES ASSOCIATED WITH HISTORIC MINING DONE ON OR NEAR THE SITE. DURING THE WEEK OF OCT. 5, 1987, THE NEW MEXICO ENVIRON- MENT IMPROVEMENT DIVISION (THE CURRENT NEW MEXICO ENVI- RONMENT DEPT. (NMED)) OBTAINED SEDIMENT AND SURFACE WATER SAMPLES FROM HANOVER CREEK AND DISCHARGE POINTS FROM THE CHINO WEST DUMPS. THESE SAMPLES WERE ANALYZED BY THE SCI- ENTIFIC LABORATORY DIVISION OF THE NEW MEXICO HEALTH AND ENVIRONMENT DEPT. THE FOLLOWING SAMPLES WERE IDENTIFIED IN THE SEDIMENT AND SURFACE WATER SAMPLES TAKEN BY NMED ON OCT. 5, 1987: CHROMIUM, COPPER, NICKEL, AND ZINC. DURING THE WEEK OF DEC. 7, 1992, THE NMED OBTAINED SOIL SAMPLES FROM THE TOWN OF HURLEY WHICH IS LOCATED IMMED- IATELY NORTHWEST OF THE PHELPS DODGE LAKE ONE SURFACE IM- POUNDMENT. THESE SAMPLES WERE SUBMITTED TO THE EPA'S CON- TRACT LABORATORY PROGRAM FOR ANALYSES. THE FOLLOWING SUBSTANCE WAS IDENTIFIED IN SOIL SAMPLES TAKEN BY NMED DURING THE WEEK OF DEC. 7, 1992: COPPER. DURING THE WEEK OF DEC. 7, 1992, THE NEW MEXICO ENVIRON- MENT DEPT. OBTAINED SOIL, SEDIMENT, AND GROUND WATER SAM- PLES FROM THE INACTIVE HURLEY TAILINGS IMPOUNDMENT WHICH IS OWNED BY THE CHINO MINES CO. THESE SAMPLES WERE SUB- MITTED TO THE EPA'S CONTRACT LABORATORY PROGRAM FOR ANAL- YSES. THE FOLLOWING SUBSTANCES WERE IDENTIFIED IN SOIL AND SED- IMENT SAMPLES TAKEN BY NMED DURING THE WEEK OF DEC. 7, 1992: COPPER, SILVER, AND SELENIUM. RESPONDENT IS CONDUCTING VOLUNTARY, PRELIMINARY SITE IN- VESTIGATIONS UNDER THE SUPERVISION OF NMED. THE CONDITIONS DESCRIBED CONSTITUTE AN ACTUAL OT THREAT- ENED RELEASE OF A HAZARDOUS SUBSTANCE FROM THE FACILITY AS DEFINED BY SECTIONS 101(22) OF CERCLA, 42 U.S.C. SEC- TION 9601(22). 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 107, AND 122 OF CERCLA, EPA AND CHINO MINES ENTERED INTO AN ADMINISTRA- TIVE ORDER ON CONSENT FOR RESPONSE COSTS. THIS ORDER PRO- VIDES FOR THE REIMBURSEMENT OF OVERSIGHT COSTS INCURRED BY THE U.S. TO PROVIDE TECHNICAL ASSISTANCE TO THE NEW MEXICO ENVIRONMENT DEPT. IN CONNECTION WITH THE SITE. THE RESPONDENT SHALL PROVIDE FUNDS TO EPA FOR PAYMENT OF OVERSIGHT COSTS NOT TO EXCEED $63,440 ANNUALLY TO EPA FOR EACH YEAR UNTIL COMPLETION OF REMEDIAL ACTIVITIES AT THE CHINO MINES SITE. EPA WILL ESTABLISH A SPECIAL REIMBURSEMENT ( RUB) PROGRAM ACCOUNT TO RETAIN SUCH FUNDS WHICH EPA WILL USE FOR THE PAYMENT OF RESPONSE COSTS. Modification to Administrative Order on Consent for Response Costs revised oversight costs

Defendants (1)

• CHINO MINES COMPANYNamed in complaintNamed in settlement

Facilities (2)

• CHINO MINES COMPANY

  210 CORTEZ AVE., HURLEY, NM, 88043

  Registry ID: 110070394053

• CHINO MINES COMPANY

  210 CORTEZ AVE., HURLEY, NM, 88043

  Registry ID: 110070394053

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• CHINO MINES COMPANYentered 1996-06-12

  Primary law: CERCLA

Timeline (3 milestones)

• 1996-06-12Complaint Filed/Proposed Order
• 1996-06-12Final Order Issued
• 1996-06-13Enforcement Action Data Entered