EPA v. CONNOR INVESTMENT COMPANY, JASPER COUNTY, MO

Case summary

A CASH-OUT CONSENT DECREE RESOLVING CONNOR INVESTMENT COMPANY'S (CONNOR'S) CERCLA LIABILITY AT THE JASPER COUNTY SUPERFUND SITE WAS SIGNED BY CONNOR ON SEPTEMBER 27, 1996, AND EPA REFERRED THIS MATTER TO DOJ ON OCTOBER 22, 1996. THE JASPER COUNTY SITE IS A MEGA-SITE. IT IS AN INACTIVE LEAD AND ZINC MINING AREA CONTAINING MILLIONS OF TONS OF SURFACE MINING WASTES AND COVERING HUNDREDS OF SQUARE MILES. THE SITE IS A PORTION OF THE TRI-STATE MINING DISTRICT LOCATED IN KANSAS, MISSOURI, AND OKLAHOMA, WHICH WAS ONCE THE LARGEST LEAD AND ZINC MINING AREA IN THE WORLD. THIS DISTRICT IS NOW THREE SEPARATE NPL SITES. THE SITE IS ON THE NPL (8/90). REGION VII DIVIDED THE SITE INTO FOUR OPERABLE UNITS AND ELEVEN DESIGNATED AREAS. THE OPERABLE UNITS ARE: OU1-GROUNDWATER; OU2-RESIDENTIAL YARDS/SMELTER WASTE; OU3-RESIDENTIAL YARDS/MINE WASTE; AND OU4-MINE WASTE ECOLOGICAL CLEAN-UP. THE DESIGNATED AREAS ARE RANDOM MINE WASTE PILES THROUGHOUT THE SITE. NINE PRPS ARE CONDUCTING A COMPREHENSIVE RI/FS FOR THIS SITE PURSUANT TO AN ADMINISTRATIVE ORDER ON CONSENT. IDENTIFIED RISKS INCLUDE HUMAN HEALTH RISKS FROM EXPOSURE TO CONTAMINATED RESIDENTIAL SOILS AND CONTAMINATED SHALLOW GROUNDWATER THAT IS USED AS A DRINKING WATER SOURCE, AS WELL AS ECOLOGICAL RISKS FROM CONTAMINATED SURFACE WATER. IN JULY 1996, WE ISSUED A RECORD OF DECISION (ROD) FOR THIS SITE TO CLEAN UP CONTAMINATED SOILS IN RESIDENTIAL YARDS FOR OU2 AND OU3. THIS ROD REQUIRES EXCAVATION OF SOILS FROM RESIDENTIAL YARDS THAT HAVE BEEN CONTAMINATED FROM SMELTER EMISSION WASTES AND MINING WASTES. THE CONTAMINATED SOIL WILL BE DISPOSED OF IN AN ON-SITE REPOSITORY. IN ADDITION, INSTITUTIONAL CONTROLS WILL BE DEVELOPED, INCLUDING HEALTH EDUCATION AND A PROGRAM FOR CLEAN-UP OF FUTURE RESIDENTIAL DEVELOPMENTS IN CONTAMINATED AREAS. THE CLEAN-UP OF FUTURE RESIDENCES REQUIRES THAT A SOIL REPOSITORY BE OPEN INTO THE FUTURE. THE CD WITH CONNOR IS FOR THE ENTIRE JASPER COUNTY SITE. THE COVENANT NOT TO SUE IN THE CD PROVIDES RELIEF FROM CERCLA LIABILITY FOR ALL OUS AND DESIGNATED AREAS AT THE SITE. HOWEVER, AT THIS TIME EPA BELIEVES THAT CONNOR IS NOT RESPONSIBLE FOR CLEAN-UP OF SMELTER WASTE YARDS (OU2) AT THE SITE. CONNOR INVESTMENT COMPANY OWNS PROPERTY AT THE SITE THAT IS SUITABLE FOR THE SOIL REPOSITORY. CONNOR AGREES IN THE CD TO ALLOW THE USE OF ITS PROPERTY TO ESTABLISH A REPOSITORY IN EXCHANGE FOR A CERCLA COVENANT NOT TO SUE AND CONTRIBUTION PROTECTION. CONNOR IS POTENTIALLY LIABLE BECAUSE OF ITS CURRENT OWNERSHIP AND PAST OWNERSHIP OR OPERATIONS AT THE TIME OF DISPOSAL OF HAZARDOUS SUBSTANCES. THE COMPANY OWNED MINES AND LEASED ITS PROPERTIES FOR MINING OPERATIONS. MINING WASTES ON CONNOR PROPERTIES CONTINUE TO RELEASE HAZARDOUS SUBSTANCES. THE CONNOR PROPERTY IS 500 ACRES AND CONTAINS ABOUT 250 ACRES OF MINING WASTES, 100 ACRES OF WHICH WILL BE FOR THE REPOSITORY. IT IS LOCATED IN THE ORONOGO/DUENWEG DESIGNATED AREA. WE HAVE EVALUATED CONNOR'S CURRENT FINANCIAL STATUS AND HAVE DETERMINED THAT IT DOES NOT HAVE ANY ASSETS OTHER THAN THE REAL PROPERTY AT THE SITE. THE COMPANY HAS BEEN INACTIVE FOR YEARS. THE PRINCIPAL OWNERS OF THE COMPANY ARE A 90-YEAR OLD WOMAN IN JOPLIN, MISSOURI, AND HER SON, AN ATTORNEY IN CONNECTICUT. THE COMPANY COULD HAVE DISSOLVED, BUT THE OWNERS KEPT IT ALIVE FOR SENTIMENTAL REASONS. THE REPOSITORY WILL NOT CONSTRAIN ALL USES OF THEIR PROPERTY. AFTER THE REMEDIAL ACTION IS COMPLETE AND VEGETATION IS ESTABLISHED, IT MAY BE POSSIBLE TO HARVEST HAY OR GRAZE ANIMALS ON THE REPOSITORY. HOWEVER, A SMALLER PORTION OF THE REPOSITORY WILL REMA

Defendants (11)

• ASARCO
• BLUE TEE CORP.
• BROWN & ROOT
• CONNOR INVESTMENT COMPANYNamed in complaintNamed in settlement
• DOE RUN COMPANY
• DUPONT & COMPANY
• GOLD FIELDS MINING COMPANY
• LIMA HILL MINING COMPANYNamed in complaintNamed in settlement
• SUN COMPANY
• USX CORP.
• VIACOM INTERNATIONAL INC.Named in complaint

Facilities (1)

• ORONOGO-DUENWEG MINING BELT

  VARIOUS LOCATIONS, JASPER, MO, 64755

  Registry ID: 110009294165

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CONNOR INVESTMENT COMPANYentered 1997-05-27

  Primary law: CERCLA

Timeline (6 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1996-10-22Referred To Dept Of Justice
• 1997-02-04Complaint Filed With Court
• 1997-02-13Final Order Lodged
• 1997-05-27Final Order Entered
• 1997-05-27Enforcement Action Closed