EPA v. STEPHENSON-BENNETT MINE SITE

Case summary

1. SECTIONS 104(E) AND 106(A) OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9604(E) AND 9606(A), ( CERCLA ). 2. STEPHENSON-BENNETT MINE SITE SECTION 11, T 22S, R 3E, SOUTH OF ORGAN ORGAN, DONA ANA COUNTY, NEW MEXICO 88052 RESPONDENT: BASSETT, NEW MEXICO LLC 3. THE SITE IS AN APPROXIMATELY 150-ACRE AREA OWNED BY BASSETT, NEW MEXICO LLC. BASSETT OWNS THE CLAIMS INCLUD- ING WITHOUT LIMITATIONS THE SURFACE PROPERTY. AS PART OF MINING AND MILLING OPERATIONS THAT WERE CON- DUCTED ON THE SITE DURING THE PERIOD FROM ABOUT THE LATE 1840S UNTIL ABOUT THE MID-140S, LEAD-AND ARSENIC-CONTAM- INATED MINING AND MILLING WSSTE WERE DUMPED, SPILLED, AND DISPOSED OF ON THE SITE. MOST OF THE LEAD-AND ARSENIC- CONTAMINATED MINING WASTE WHICH WAS DUMPED, SPILLED AND DISPOSED OF WAS LOCATED IN THE MAIN DRAINAGE ARROYO ON THE SITE. IN ABOUT SEPT. 1997, EPA INVESTIGATIONS OF THE SITE FOUND THAT ABOUT 8,000 CUBIC YARDS OF LEA-AND ARSENIC-CONTAMIN- ATED MINING WASTE REMAINED IN THE MAIN DRAINAGE ARROYO. THE GENERALLY DRY DESERT SOIL CONDITIONS CAUSE THE SOIL ON THE SITE AND THE MINE WASTE TO BE LOOSE AND GRANULAR. DURING THE POWERFUL INTERMITTEN RAIN EVENTS, TURBID FLOOD WATERS HAVE DEVELOPED, CAUSING THE MINE WASTE TO LEACH FROM THE WASTE PILES AND SPREAD TO OTHER PARTS OF THE SITE. THE FREQUENT DUST STORMS HAVE CAUSED MINING WASTE PARTICLES TO EMIT FROM THE WASTE PILES AND ESCAPE TO OTHER PARTS OF THE SITE. IN AN EPA ACTION MEMORANDUM DATED SEPT. 26, 1997, EPA MEMORALIZED ITS SELECTION OF A REMOVAL ACTION TO ADDRESS LEAD-AND ARSENIC-CONTAMINATED SOIL ON THE SITE, WHICH POSED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PEOPLE. THE REMOVAL ACTION CALLED FOR IN THE MEMORANDUM WAS DESIGNED TO CLAEN UP SOIL CONTAMINATED BY THE LEAD AND ARSENIC AT THE SITE AND TO EXCAVATE THE MIN- ING WASTE LOCATED IN THE DRAINAGE ARROYO ON THE SITE SO THAT IT COULD NO LONGER SERVE AS A SOURCE OF CONTAMINA- TION FOR THE REST OF THE SITE. IN CONFORMITY WITH EPA PROCEDURE, EPA SOUGHT TO OBTAIN VOLUNTARY ACCESS TO THE QUARRY AREA. EPA COMMENCED WORK ON OCT. 7, 1997, AND BASSETT'S REPRESENTATIVE, IN MEET- INGS WITH EPA, DID NOT OBJECT TO THE PERFORMANCE OF THE WORK IN THE QUARRY AREA. AFTER VOICING NO OBJECTIONS FOR 9 MONTHS, BASSETT, ON JUL. 9, 1998, FILED A CIVIL AC- TION AGAINST THE U.S., ALLEGING THAT ANY EPA TAKEN AT THE SITE, INCLUDING WITHOUT LIMITATION THE QUARRY, IS WITHOUT BASSETT'S AUTHORIZATION OR CONSENT. THAT IS, BASSETT DE- NIED EPA ACCESS AS NEEDED TO COMPLETE ITS RESPONSE ACTION AT THE QUARRY AREA ON THE SITE. BASSETT HAD COOPERATED WITH EPA UP UNTIL THAT DATE, AND MADE NO DEMANDS ON EPA PRIOR TO THAT DATE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104(E) AND 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO). THE UAO ORDERED THE RESPONDENT TO PROVIDE EPA WITH ACCESS TO THE QUARRY AREA FOR THE PURPOSE OF CONDUCTING REMOVAL ACTIONS INCLUDING WITHOUT LIMITATIONS THE CON- STRUCTION OF A REPOSITORY FOR HAZARDOUS SUBSTANCES, AND EPA ORDERED THAT RESPONDENT REFRAIN FROM CERTAIN ACTIVI- TIES.

Defendants (1)

• BASSETT, NEW MEXICO LLCNamed in complaintNamed in settlement

Facilities (1)

• STEPHENSON - BENNETT MINE

  1.5 MILES SOUTH OF ORGAN, ORGAN, NM, 88052

  Registry ID: 110009323972

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• STEPHENSON-BENNETT MINE SITEentered 1998-09-15

  Primary law: CERCLA

Timeline (4 milestones)

• 1998-09-15Complaint Filed/Proposed Order
• 1998-09-15Final Order Issued
• 1998-09-17Enforcement Action Data Entered
• 1998-09-18Enforcement Action Closed