EPA v. APACHE ENERGY & MINERALS CO.

Case summary

VIOLATION UPON WHICH THE ACTION IS BASED. THE CALIFORNIA GULCH NATIONAL PRIORITIES LIST SITE NEAR LEADVILLE, COLORADO, IS CHARACTERIZED BY SURFACE WATER, GROUND WATER, AND SOILS CONTAMINATION RESULTING FROM MINING AND MINERAL DEFELOPMENT ACTIVITIES OVER THE PAST 125 YEARS. HAZARDOUS SUBSTANCES, INCLUDING ARSENIC, CADMIUM, LEAD AND ZINC ARE RELEASED FROM MINES DRAINING INTO THE YAK TUNNEL AND HUNDREDS OF WASTE PILES SCATTERED THROUGHOUT THE 11.5 SQUARE MILE SITE. EPA HAS INCURRED AND IS INCURRING RESPONSE COSTS CONSISTENT WITH THE NATIONAL CONTINGENCY PLAN TO CONDUCT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR THE SITE AND TO UNDERTAKE A SMALL REMOVAL ACTION. EPA WILL INCUR FUTURE RESPONSE COSTS IN UNDERTAKING OR OVERSEEING THE DESIGN AND IMPLEMENTATION OF A REMEDY FOR THE SITE.

Defendants (13)

• APACHE ENERGY & MINERALS COMPANYNamed in complaintNamed in settlement
• ASARCO, INC.Named in complaintNamed in settlement
• LEADVILLE SILVER AND GOLD, INC.Named in complaintNamed in settlement
• NEWMONT MINING CORPORATIONNamed in complaintNamed in settlement
• RES-ASARCO JOINT VENTURENamed in complaintNamed in settlement
• RESURRECTION MINING COMPANYNamed in complaintNamed in settlement
• ROCK HILL MINES COMPANYNamed in complaintNamed in settlement
• ATLAS MORTGAGE COMPANYNamed in complaintNamed in settlement
• C&H DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• DENVER AND RIO GRANDE WESTERN RAILRD CO.Named in complaintNamed in settlement
• ELDER, ROBERT L.Named in complaintNamed in settlement
• HECLA MINING COMPANYNamed in complaintNamed in settlement
• LEADVILLE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CALIFORNIA GULCH

  S OF CY-YAK TUNNEL DOWNSTREAM, LEADVILLE, CO, 80461

  Registry ID: 110006000521

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• California Gulch/OU9entered 2008-05-01

  Primary law: CERCLA

• California Gulch/Resurrection & Newmontentered 2008-08-29

  Primary law: CERCLA

• APACHE ENERGY & MINERAL CO.,ETentered 1992-06-26

  Primary law: CERCLA

• California Gulch - ASARCOentered 2008-08-29

  Primary law: CERCLA

Timeline (6 milestones)

• 1986-05-12Referred To Headquarters
• 1986-06-26Referred To Dept Of Justice
• 1986-08-04Referred TO U.S. Attorney
• 1986-08-06Complaint Filed With Court
• 2008-07-02Final Order Lodged
• 2008-08-29Final Order Entered