EPA v. ASARCO, INCORPORATED

Case summary

THIS SITE IS LOCATED IN KANSAS CITY, KANSAS AND IS COMPOSED OF 27 ACRES OF LAND UPON WHICH A SMELTER WAS OPERATED IN THE LATE 1800S - EARLY 1900S. THE SMELTER WAS OWNED AND OPERATED BY THE CONSOLIDATED KANSAS CITY SMELTING AND REFINING COMPANY (CKCS&R), WHICH WAS ONE OF SEVERAL SMELTERS THAT JOINED TO FORM THE TRUST KNOWN AS THE AMERICAN SMELTING AND REFINING COMPANY (ASARCO) IN 1899. THE SITE WAS PURCHASED IN 1907 BY THE KANSAS CITY STRUCTURAL STEEL COMPANY, WHO USED THE PROPERTY AS A STEEL FABRICATION PLANT UNTIL 1987, WHEN BANCAMERICA ACQUIRED THE PROPERTY BY WAY OF TAKING DEED IN LIEU OF FORECLOSURE. SHORTLY THEREAFTER, IT WAS DISCOVERED THAT THE SOILS ON SITE CONTAIN LEVELS OF LEAD UP TO 43,000 PPM. EPA CONDUCTED NEGOTIATIONS WITH THREE POTENTIALLY RESPONSIBLE PARTIES (BANCAMERICA, ASARCO AND TRINITY INDUSTRIES); HOWEVER, ONLY BANCAMERICA AGREED TO SIGN AN ADMINISTRATIVE ORDER ON CONSENT REQUIRING STABILIZATION/SOLIDIFICATION OF THE LEAD-CONTAMINATED SOILS ON-SITE. IN AUGUST, 1990, EPA SENT A REQUEST FOR INFORMATION PURSUANT TO SECTION 104(E) TO ASARCO, SEEKING, INTER ALIA, ALL DOCUMENTS PERTAINING TO THE CONSOLIDATION OF CKCS&R AND ASARCO. ASARCO RESPONDED THAT IT HAD NEVER HAD AN INTEREST IN THE SITE AND THAT IT HAS NO DOCUMENTS DATING FROM THE TURN OF THE CENTURY THAT RELATE TO HAZARDOUS SUBSTANCES AT THE SITE. THE COMPANY SENT EPA A COPY OF THE MINUTES OF ONE MEETING OF THE DIRECTORS OF ASARCO THAT OCCURED SEPTEMBER, 1900, THAT SUPPORTED ASARCO'S CLAIM THAT ITS ONLY RELATIONSHIP WITH CONSOLODATED CONSISTED OF A STOCK EXCHANGE. IN MID-1991, EPA LEARNED THAT BANCAMERICA HAD OBTAINED NUMEROUS DOCUMENTS FROM ASARCO, INCLUDING EXECUTIVE COMMITTEE MEETING MINUTES DATING FROM 1900 AND DOCUMENTS REFERRING TO THE PRESENCE OF LEAD ON-SITE, AND REQUESTED COPIES OF THESE DOCUMENTS FROM BANCAMERICA. ASARCO DISCOVERED THAT EPA KNEW OF THE EXISTENCE OF THESE DOCUMENTS TO EPA FOR ITS REVIEW IN OCTOBER, 1991.

Defendants (1)

• ASARCO INC.Named in complaintNamed in settlement

Facilities (1)

• KANSAS CITY STRUCTURAL STEEL

  2100 METROPOLITAN AVE, KANSAS CITY, KS, 66106

  Registry ID: 110001240247

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• ASARCO INCORPORATEDentered 1992-03-17

  Primary law: CERCLA

  Federal penalty: $453,750

Timeline (7 milestones)

• 1990-08-30Enforcement Action Data Entered
• 1991-12-31Referred To Dept Of Justice
• 1992-02-24Complaint Filed With Court
• 1992-03-17Final Order Lodged
• 1992-03-17Final Order Entered
• 1992-03-17Concluded
• 1997-06-01Enforcement Action Closed