EPA v. NATIONAL ZINC SITE - CYPRUS AMAX MINERALS CO, ST. JOE'S MINE

Case summary

1. SECTION 122(H)(1) OF THGE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SECTION 6922(H)(1). 2. NATIONAL ZINC SUPERFUND SITE NEAR INTERSECTION OF U.S. HIGHWAY 60 AND OKLAHOMA ROUTE 123 BARTLESVILLE, WASHINGTON COUNTY, OKLAHOMA 74003 3. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES AT OR FROM THE SITE, EPA UNDERTOOK RE- SPONSE ACTIONS AT THE SITE. IN PERFORMING THIS RESPONSE ACTION, EPA INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT SETTLING PARTIES AND SET- TLING FEDERAL AGENCIES ARE RESPONSIBLE PARTIES AND ARE JOINTLY AND SEVERALLY LIABLE FOR RESPONSE COSTS INCURRED AT OR IN CONNECTION WITH THE SITE. THE SETTLING PARTIES ALLEGE THAT THE SETTLING FEDERAL AGENCIES ARE LIABLE IN CONTRIBUTION FOR RESPONSE COSTS INCURRED OR TO BE INCUR- RED BY THE SETTLING PARTIES AT THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 112(H)(1) OF CERCLA, EPA AND CYPRUS AMAX MINERALS CO., ST. JOE MINERALS CORP. NOW KNOWN AS THE DOE RUN RESOURCES CORP., HORSEHEAD IN- DUSTRIES, INC. D/B/A ZINC CORP. OF AMERICA, SALOMON SMITH BARNEY HOLDINGS, INC. ( SETTLING PARTIES ); AND THE U.S. DEPARTMENTS OF JUSTICE, AND STATE, AND THE U.S. GENERAL SERVICES ADMINISTRATION ( SETTLING FEDERAL AGENCIES ), ENTERED INTO AN AGREEMENT TO RESOLVE THE ALLEGED CIVIL LIABILITY OF THE SETTLING PARTIES AND THE SETTLING FED- ERAL AGENCIES FOR PAST RESPONSE COSTS AND THE ALLEGED LIABILITY OF THE SETTLING FEDERAL AGENCIES FOR THE SETTL- ING PARTIES' RESPONSE COSTS. WITHIN 30 DAYS OF THE EFFEC- TIVE DATE OF THIS AGREEMENT, THE SETTLING PARTIES SHALL $350,000 IN REIMBURSEMENT OF PAST RESPONSE COSTS. AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS AGREE- MENT, THE U.S., ON BEHALF OF THE SETTLING FEDERAL AGENCIES, PAY $150,000 IN REIMBURSEMENT OF PAST RESPONSE COSTS.

Defendants (7)

• U.S. DEPARTMENT OF STATENamed in settlement
• U.S. GENERAL SERVICES ADMINISTRATIONNamed in settlement
• ST. JOE MINERALS CORP. NKA THE DOE RUNNamed in settlement
• U.S. DEPARTMENT OF JUSTICENamed in settlement
• CYPRUS AMAX MINERALS COMPANYNamed in settlement
• HORSEHEAD INDUSTRIES, INC. DBA ZINC CORPNamed in settlement
• SALOMON SMITH BARNEY HOLDINGS, INC.Named in settlement

Facilities (1)

• ZINC CORPORATION OF AMERICA

  11TH ST. & HWY. 123, BARTLESVILLE, OK, 74003

  Registry ID: 110000598443

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• NATIONAL ZINC SITE - CYPRUS AMAX MINERALS CO., ST.entered 2000-05-10

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-05-10Complaint Filed/Proposed Order
• 2000-05-10Final Order Issued
• 2000-05-11Enforcement Action Data Entered