EPA v. GOLD FIELDS MINING CORPORATION, GALENA, KS

Case summary

REGION VII REFERRED THIS LITIGATION TO DOJ FOR FILING A COST RECOVERY CIVIL ACTION AGAINST GOLD FIELDS MINING CORP. (GF) AND VIACOM INTERNATIONAL, INC. (VIACOM). THE COST RECOVERY ACTION IS BASED ON COSTS OF APPROXIMATELY $20 MILLION INCURRED FOR REMOVAL ACTIONS AND TWO FUND LEAD OPERABLE UNIT REMEDIAL ACTIONS AT THE GALENA SUBSITE. REGION VII ALSO ASKED DOJ TO SEEK A PENALTY AGAINST GOLD FIELDS FOR FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER REQUIRING PERFORMANCE OF REMEDIAL DESIGN AND REMEDIAL ACTION AT THE GALENA SUBSITE. THE CHEROKEE COUNTY SITE IS PART OF THE INACTIVE TRI-STATE LEAD AND ZINC MINING DISTRICT LOCATED IN THE CONNECTING CORNERS OF KANSAS, MISSOURI, AND OKLAHOMA. THE SITE HAS APPROXIMATELY 115 SQUARE MILES AND CONTAINS MILLIONS OF TONS OF MINING WASTES WHICH HAVE RELEASED HAZARDOUS SUBSTANCES SUCH AS LEAD, CADMIUM, AND ZINC INTO THE ENVIRONMENT. THE GALENA SUBSITE IS ONE OF SIX SUBSITES AT THE CHEROKEE COUNTY SITE. WE BEGAN RESPONSE ACTION AT GALENA BECAUSE IT IS THE WORST SUBSITE. RESPONSE ACTIONS ARE ONGOING AT THE OTHER SUBSITES. REGION VII RESPONSE ACTIONS AT GALENA INCLUDED REMOVAL ACTIONS (RI/FS AND PROVISION OF BOTTLED WATER OR WATER TREATMENT UNITS), AND TWO REMEDIAL ACTIONS. FIRST, WE INSTALLED A PERMANENT ALTERNATE WATER SUPPLY PIPELINE FOR 400 HOMES USING A RURAL WATER DISTRICT. SECOND, WE PLACED ABOUT 1.5 MILLION TONS OF MINE WASTES INTO OPEN, DRY MINE VOIDS TO REDUCE SURFACE WATER AND GROUNDWATER CONTAMINATION, AS WELL AS PREVENT DIRECT CONTACT WITH THE MINE WASTES. THESE RESPONSE ACTIONS ARE COMPLETE. GF AND VIACOM ARE CORPORATE SUCCESSORS AND PARENTS OF MINING COMPANIES THAT OWNED OR OPERATED MINES AND MILLS AT THE TIME OF DISPOSAL OF MINING WASTES AT THE GALENA SUBSITE, AND ARE LIABLE PURSUANT TO SECTION 107(A)(2) OF CERCLA FOR THE RESPONSE ACTION COSTS INCURRED BY THE UNITED STATES.

Defendants (2)

• VIACOM INTERNATIONAL, INC.Named in complaintNamed in settlement
• GOLD FIELDS MINING CORP.Named in complaintNamed in settlement

Facilities (1)

• CHEROKEE COUNTY

  T34 S35 R25E, GALENA, KS, 66739

  Registry ID: 110009285825

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GOLD FIELDS MINING CORP.entered 1997-09-05

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-08-24Enforcement Action Data Entered
• 1995-07-20Referred To Dept Of Justice
• 1997-04-11Final Order Lodged
• 1997-04-11Complaint Filed With Court
• 1997-09-05Final Order Entered
• 1997-09-05Concluded
• 1997-10-22Enforcement Action Closed
• 1997-10-22Pipeline Closed