EPA v. JASPER COUNTY SITE; SUPERFUND SITE; PATRICIA WEST

Case summary

THIS ORDER REQUIRES THE PROPERTY OWNER TO ALLOW EPA AND ITS REPRESENTATIVES TO ACCESS REAL PROPERTY TO CLEANUP NINE ACRES OF CONTAMINATED MATERIALS IN ABANDONED LEAD AND ZINC MINING DISTRICT. THE ORDER PROVIDES AN OPPORTUNITY FOR THE PROPERTY OWNER TO CONFER WITH EPA PRIOR BE BECOMING EFFECTIVE ON JUNE 30, 2016. THE ORDER PROVIDES THAT IF THE OWNER FAILS TO REQUEST A CONFERENCE OR FAILS TO CONSENT TO ACCESS, SUCH FAILURE WILL BE DEEMED VIOLATION OF THE ORDER. EPA MAY TAKE ENFORCEMENT ACTIONS. NO CONFERENCE WAS HELD, ALTHOUGH WRITTEN COMMENTS WERE SUBMITTED BY THE RESPONDENT. EPA DETERMINED THAT THE COMMENTS WERE NOT SIGNIFICANT AND EPA DID NOT MODIFY THE ORDER. ON JUNE 30, 2016, EPA SENT A NOTICE OF THE EFFECTIVE DATE TO THE RESPONDENT, WHICH SHE RECEIVED ON JULY 1, 2016. EPA PROVIDED A 10-DAY GRACE PERIOD FOR THE RESPONDENT TO SUBMIT A NOTICE OF INTENT TO COMPLY. HOWEVER, NO SUCH NOTICE WAS SUBMITTED (AS OF JULY 11, 2016). THE SITE HAS BEEN LISTED ON THE NPL SINCE 1990. THE ROD FOR OU-1 WAS ISSUED IN SEPTEMBER 2004, AMENDED IN 2013, AND AN ESD ISSUED IN 2016. THE REMEDIAL ACTION ADDRESSES DISPOSAL OF MINING WASTES IN SUBSIDENCE PITS OR REPOSITORIES, CAPPING THE DISPOSAL AREAS, AND DREDGING OF CONTAMINATED STREAMS.

Defendants (1)

• JASPER COUNTY SUPERFUND SITE; PATRICIA WESTNamed in complaintNamed in settlement

Facilities (1)

• ORONOGO-DUENWEG MINING BELT

  VARIOUS LOCATIONS, JASPER, MO, 64755

  Registry ID: 110009294165

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• JASPER COUNTY SITE; SUPERFUND SITE; PATRICIA WESTentered 2016-06-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2015-06-30Complaint Filed/Proposed Order
• 2016-06-30Final Order Issued
• 2016-08-03Enforcement Action Data Entered