EPA v. MOLYCORP, INC. SITE

Case summary

1. SECTIONS 104, 122(A), 112(D)(3), AND 122(H) OF THE COM- PREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIA- BILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604, 9622(A), 9622(D)(3), AND 9622(H). 2. MOLYCORP, INC. SUPERFUND SITE 7 MILES EAST OF QUESTA ON HIGHWAY 38 RED RIVER CANYON QUESTA, TAOS COUNTY, NEW MEXICO 87556 RESPONDENT: MOLYCORP, INC., A DELAWARE CORPORATION 3. MOLYCORP IS THE OWNER AND OPERATOR OF THE SITE, WHICH CONSISTS OF A MOLYBDENUM MINE AND MILLING FACILITY, A TAILINGS PIPELINE RUNNING ALONG STATE HIGHWAY 38, AND TAILINGS PONDS WEST OF THE VILLAGE OF QUESTA, AS WELL AS OTHER AREAS WHERE ANY HAZARDOUS SUBSTANCE, POLLUTANT, OR CONTAMINANT FROM MINING, MILLING, AND TAILINGS DISPOSAL HAS COME TO BE LOCATED. MOLYCORP'S OPERATIONS HAVE CAUSED THE RELEASE OF HAZARDOUS SUBSTANCES INTO AIR, SOIL, SUR- FACE WATER, AND GROUND WATER AT THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 122(A), 112(D)(3) AND 122(H) OF CERCLA, EPA AND MOLYCORP, INC. ENTERED IN- TO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY. THE AOC REQUIRES THE RE- SPONDENT TO PREPARE AND PERFORM A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RF/IS) FOR THE MOLYCORP SITE. THE RESPONDENT MUST ALSO REIMBURSE EPA FOR ALL PAST RESPONSE COSTS AND ALL RESPONSE COSTS INCURRED IN CONNECTION WITH THE RI/FS. THE AMOUNT OF $200,000 IS DUE WITHIN 15 DAYS OF THE EFFECTIVE DATE OF THE AOC.

Defendants (1)

• MOLYCORP, INC.Named in settlement

Facilities (1)

• MOLYCORP INC

  7 MI E OF QUESTA ON HWY 38, QUESTA, NM, 87556

  Registry ID: 110007031602

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MOLYCORP, INC. SITEentered 2001-09-27

  Primary law: CERCLA

Timeline (3 milestones)

• 2001-09-27Complaint Filed/Proposed Order
• 2001-09-27Final Order Issued
• 2001-09-30Enforcement Action Data Entered