EPA v. HORIZON POTASH MINE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. HORIZON POTASH MINE CARLSBAD, EDDY COUNTY, NEW MEXICO CYPRUS AMAX MINERALS COMPANY HORIZON POTASH CORPORATION 3. THE HORIZON POTASH MINE IS A CLOSED POTASH MINING AND PROCESSING FACILITY LOCATED NEAR CARLSBAD, EDDY COUNTY, NEW MEXICO. THE FACILITY OPERATED FROM 1952 UNTIL 1985, WHEN IT SHUT DOWN DUE TO WEAK POTASH MARKETS. IN 1986, THE FACILITY REOPENED, AND THEN PERMANENTALY SHUT DOWN IN 1993. ON MARCH 6, 1996, PERSONNEL ASSOCIATED WITH BLM AND NMED AIR POLLUTION CONTROL BUREAU CONDUCTED A FIELD ASSESSMENT OF THE SITE. DURING THE INSPECTION BLM AND NMED NOTICED SUSPECTED ACM MATERIALS IN VARYING STAGES OF DECOMPOSIT- ION, INCLUDING TRANSITE BUILDING MATERIAL AND PIPE AND TANK INSULATING MATERIALS. ON APRIL 2, 1996, BLM ISSUED TO CYPRUS AMAX AN ORDER RE- QUIRING IT, IN PART, TO ADDRESS THE ACM FOUND IN POOR CONDITIONAT THE SITE AS WELL AS CONTENTS OF TANKS AND DRUMS FOUND ON-SITE. ON APRIL 3, 1996, BLM FORMALLY REQUESTED EPA'S ASSISTANCE IN ADDRESSING THE RELEASES, OR THREATENED RELEASES, OF ASBESTOS INTO THE ENVIRONMENT FROM DEGRADING ASBESTOS- CONTAINING TRANSITE MATERIALS AND ASBESTOS-CONTAINING PIPE AND TANK INSULATION AT THE SITE. THE LETTER ALSO IN- DICATED THE PRESENCE OF DRUMS AND TANKS THAT WERE SUS- PECTED OF POSING A THREAT OF HAZARDOUS SUBSTANCE RELEASE. 4. RELIEF SOUGHT PURSUANT TO SECTION 1069A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) ORDERING RESPONDENTS CYPRUS AMAX MINERAL COMPANY AND HORIZON POT- ASH CORPORATION TO CONDUCT REMOVAL ACTIONS TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF ASBESTOS, A HAZ- ARDOUS SUBSTANCE, AT OR FROM THE SITE.

Defendants (2)

• HORIZON POTASH CORPORATIONNamed in complaint
• CYPRUS AMAX-MINERALS COMPANYNamed in complaint

Facilities (1)

• HORIZON POTASH MINE

  19 MI NE OF CARLSBAD, OFF NM ST HWY 31, CARLSBAD, NM, 88220

  Registry ID: 110009348223

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1996-12-20Enforcement Action Data Entered
• 1996-12-20Complaint Filed/Proposed Order
• 1996-12-20Final Order Issued