EPA v. CLEVELAND MILL SUPERFUND SITE, GRANT COUNTY, NEW MEXICO

Case summary

1. SECTIONS 104, 106(A), AND 122 OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9604, 9606(A) AND 9622. 2. CLEVELAND MILL SUPERFUND SITE GRANT COUNTY, NEW MEXICO RESPONDENTS: BAYARD MINING CORP., A DELAWARE CORP. MINING REMEDIAL RECOVERY COMPANY, A DELAWARE CORP. VIACOM INTERNATIONAL INC., A DELAWARE CORP. 3. THE SITE OCCUPIES ABOUT 18 ACRES APPROXIMATELY 5.5 MILES NORTH OF SILVER CITY IN GRANT COUNTY, NEW MEXICO. A MINE AND MILL WERE OPERATED INTERMITTENTLY AT THE SITE DURING THE PERIOD FROM ABOUT 1910 TO 1949. METALS EXTRACTED WERE PRINCIPALLY LEAD AND ZINC. ONLY FOUNDATIONS OF THE MILL REMAIN. THERE ARE NO LONGER ANY BUILDINGS AT THE SITE. GENERALLY SPEAKING, THE SOURCE OF THE HAZ. SUBSTANCES AT THE SITE IS APPROXIMATELY 30,000 CUBIC YARDS OF TAILINGS FROM PAST MILLING OPERATIONS AT THE SITE, AND 35,000 CU- BIC YARDS OF WASTE ORE. THE ORE AND TAILINGS WERE DUMPED AND DISPOSED OF ON THE SITE DURING THE PAST MILLING OPER- ATIONS. THE TAILINGS AND WASTE ORE ARE LOCATED AT THE HEADWATERS OF A SMALL TRIBUTARY OF LITTLE WALNUT CREEK, AN INTERMITTENT STREAM. PRECIPITATION RUNOFF FROM THE SITE INTO THE TRIBUTARY TO LITTLE WALNUT CREEK AND SUBSE- QUENTLY INTO LITTLE WALNUT CREEK IS ACIDIC AND CONTRI- BUTES TO THE LEACHING OF METALS INCLUDING WITHOUT LIMITA- TION ARSENIC, BERYLLIUM, CADIUM, LEAD AND ZINC FROM THE TAILING AND WASTE ORES. IN ADDITION, APPROXIMATELY 6,000 CUBIC YARDS OF TAILINGS AND SEDIMENT HAVE BEEN DEPOSITED ALONG A 1 1/2 MILE STRETCH OF THE TRIBUTARY STREAM BED. TAILINGS AND SEDIMENT THAT HAVE WASHED DOWNSTREAM AT THE SITE MAY ACT A SOURCE OF CONTAMINATION WHEN THEY ARE CON- TACTED BY RAINWATER. HAZ. SUBSTANCES OF PRIMARY CONCERN INCLUDE ARSENIC, BERYLLIUM, CADIUM, LEAD AND ZINC. THE DANGER TO PUBLIC HEALTH, OR WELFARE OR THE ENVIRON- MENT WHICH MAY BE POSED BY THE ARSENIC, BERYLLIUM, CAD- IUM, LEAD, AND ZINC WHICH HAS BEEN DUMPED AND DISPOSED OF ON THE SITE IN TAILINGS AND SEDIMENT CONSTITUTES AN ACT- UAL OR THREATENED RELEASE OF HAZRDOUS SUBSTANCES FROM THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 106(A) AND 122 OF CERCLA, EPA AND THE THREE RESPONDENTS VOLUNTARILY ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC). THIS ORDER PROVIDES FOR A REMOVAL TO PHYSICALLY ADDRESS SURFICIAL CONTAMINATION, AND TO RESTORE AFFECTED ARES AT THE CLEVE- LAND MILL SITE. THIS ORDER CONCERNS 1) THE SURFACE CON- TAMINATION WHICH INCLUDES WITHOUT LIMITATIONS THE SOILS, MAIN TAILINGS PILES, THE WESTERN HILLSIDE PILES, THE COBBED ORE PILES, DUST PILES, ROADBED SOILS, MINE SPOILS, CREEK SEDIMENTS, AND SURFACE WATER.

Defendants (3)

• BAYARD MINING CORP.Named in complaintNamed in settlement
• MINING REMEDIAL RECOVERY COMPANYNamed in complaintNamed in settlement
• VIACOM INTERNATIONAL INC.Named in complaintNamed in settlement

Facilities (1)

• CLEVELAND MILL

  FOREST ROUTE 804, 1.5 MI, SILVER CITY, NM, 88062

  Registry ID: 110009301237

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• CLEVELAND MILL SUPERFUND SITEentered 1997-09-15

  Primary law: CERCLA

Timeline (3 milestones)

• 1997-09-15Complaint Filed/Proposed Order
• 1997-09-15Final Order Issued
• 1997-09-30Enforcement Action Data Entered