EPA v. ROCKY FLATS

Case summary

THE MUTUAL OBJECTIVES OF EPA, CDH AND DOE IN ENTERING INTO THIS AGREEMENT ARE: A. TO TO RESOLVE ISSURS RELATED TO AND TO ESTABLISH REQUIREMENTS FOR, HAZARDOUS WASTE, INCLUDING RADIOACTIVE MIXED WASTE, COMPLIANCE AT THE DOE'S ROCKY FLATS PLANT (PLANT) PURSUANT TO CDH AND EPA HAZARDOUS WASTE AUTHORITIES; B. TO ESTABLISH REQUIREMENTS FOR THE INVESTIGATION OF, AND CORRECTIVE ACTION FOR, ANY RELEASE OF HAZARDOUS WASTE, RADIOACTIVE MIXED WASTE, OR CONSTITUENTS FROM ANY SOLID WASTE MANAGEMENT UNITS AND OTHER ARREAS AT THE PLANT, CONSISTENT WITH THE REQUIREMENTS OF THE RCRA 42 USC 6901 ET SEQ. C. TO ESTABLISH PROCEDURES PURSUANT TO THE CERCLA 42 USC 9601 ET SEQ., AND EXCUTIVE ORDER NO. 12088 FOR THE COOPERATION, EXCHANGE OF INFORMATION, AND PARTICIPATION OF DOE AND EPA IN THE DEVELOPMENT, IMPLEMENTATION AND MONITORING OF APPROPRIATE REMEDIAL ACTIONS, CONSISTENT WITH THE NCP, 40CFR PART 300, FOR RELEASES AND THREATENED RELEASES OF 'HAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINAN TS' AS DEFINED IN CERCLA; D. TO ESTABLISH REQUIREMENTS FOR (I) THE PERFORMANCE OF A REMEDIAL INVESTIGATION TO DETERMINE FULLY THE NATURE AND EXTENT OF ANY THREAT TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT THAT MAY BE CAUSE BY THE RELEASE, FROM THE PLANT TO HAZARDOUS SUBSTANCES; (II) THE PERFORMANCE OF A FEASIBIL- ITY STUDY TO IDENTIFY AND EVALUATE ALTERNATIVES FOR APPROPRIATE REMEDIAL ACTION TO PREVENT OR MITIGATE THE MIGRATION OR THE RELEASE OR THREATENED RELEASE OF ANY HAZARDOUS SUBSTANCE FORM THE PLANT; (III) THE IMPLEMENTATION OF REMEDIAL ACTION AS MAY BE NECESSARY TO PROTECT PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT.

Defendants (2)

• DEPARTMENT OF ENERGYNamed in complaint
• ROCKY FLATSNamed in complaint

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Timeline (4 milestones)

• 1986-07-31Enforcement Action Data Entered
• 1986-07-31Final Order Issued
• 1986-07-31Complaint Filed/Proposed Order
• 1991-05-10Enforcement Action Closed