EPA v. SAN MARCOS STREET SUPERFUND SITE - OGLEBAY NORTON MINERALS,

Case summary

1. SECTIONS 104, 106(A), 107 AND 122 OF THE COMPREHENSIVE RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604, 9606(A), 9607 AND 9622. 2. OGLEBAY NORTON MINERALS, INC. SITE: SAN MARCOS STREET SUPERFUND SITE SAN MARCOS DRIVE, ADJACENT TO THE ASARCO PROPERTY EL PASO, EL PASO COUNTY, 7999 3. THE SITE CONSISTS OF THE RESIDENTIAL PROPERTIES ALONG SAN MARCOS DRIVE WHICH CONTAIN ELEVATED LEVELS OF LEAD AND ARSENIC. OLGEBAY OPERATED THE ABRASIVE PRODUCTION FACILI- TY UNTIL IT CLOSED IN DEC. 2001. SAMPLING INDICATES THE FINES MATERIAL GENERATED BY THE OPERATION OF THE ABRASIVE PRODUCTION FACILITY CONTAIN LEAD AND ARSENIC. THE FIND- INGS OF AN ACTION MEMORANDUM FIND THAT ACTUAL OR THREAT- ENED RELEASES OF HAZARDOUS SUBSTANCES, POLLUTANTS OR CON- TAMINANTS FROM THE SITE, IF NOT ADDRESSED BY IMPLEMENTING THE RESPONSE ACTION SELECTED IN THE ACTION MEMORANDUM, WILL CONTINUE TO PRESENT AN IMMINENT AND SUBSTANTIAL EN- DANGERMENT TO PUBLIC HEALTH OR WELFARE OR THE ENVIRON- MENT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 106(A), 107 AND 122 OF CERCLA, EPA AND THE RESPONDENT ENTERED INTO ADMIN- ISTRATIVE ORDER ON CONSENT FOR REMOVAL ACTION. THE ORDER PROVIDES FOR THE PERFORMANCE OF A REMOVAL ACTION BY THE RESPONDENT AT OR IN CONNECTION WITH THE RESIDENTIAL PROP- ERTIES LOCATED ON SAN MARCOS DRIVE, WHICH CONTAIN ELE- VATED LEVELS OF LEAD AND ARSENIC.

Defendants (1)

• OGLEBAY NORTON MINERALS, INC.Named in settlement

Facilities (1)

• SAN MARCOS STREET SUPERFUND SITE

  SLAG PIT RD OFF HWY 61, EL PASO, TX, 79999

  Registry ID: 110002470996

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SAN MARCOS STREET SUPERFUND SITEentered 2002-06-03

  Primary law: CERCLA

Timeline (3 milestones)

• 2002-06-03Complaint Filed/Proposed Order
• 2002-06-03Final Order Issued
• 2002-06-05Enforcement Action Data Entered