EPA v. SHARON STEEL CORPORATION

Case summary

THE VIOLATION(S) UPON WHICH THE ACTION IS BASED. THE SHARON STEEL/MIDVALE TAILINGS SITE IS LOCATED TEN MILES SOUTH OF SALT LAKE CITY IN THE SUBURB OF MIDVALE. THE SITE COVERS APPROXIMATELY 260 ACRES AND IS DIRECTLY ADJACENT TO THE JORDAN RIVER. THE HAZARDOUS SUBSTANCES ON THE SITE, ARSENIC, CADMIUM AND LEAD, AMONG OTHERS, RESULTED FROM THE MILLING OPERATIONS OF UV INDUSTRIES, INC. THE ESTIMATED TEN MILLION TONS OF TAILINGS STORED ON THE SITE CONSTITUTE A POTENTIAL THREAT TO THE PUBLIC HEALTH, WELFARE AND THE ENVIRONMENT THROUGH THE RELEASE AND THREATENED RELEASE OF THESE SUBSTANCES INTO THE GROUND WATER, SURFACE WATER AND AIR. EPA HAS INCURRED AND IS INCURRING RESPONSE COSTS CONSISTENT WITH THE NATIONAL CONTINGENCY PLAN TO CONDUCT REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR THE SITE. EPA WILL INCUR FUTURE RESPONSE COSTS IN UNDERTAKING OR OVERSEEING THE DESIGN AND IMPLEMENTATION OF A REMEDY FOR THE SITE. THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLE- MENT, IF APPLICABLE. A. INJUNCTIVE RELIEF REQUIRING DEFENDANTS, JOINTLY AND SEVERALLY, TO REMEDY THE IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT CAUSED BY CONTAMINATION AT THE SITE. B. RECOVERY OF PAST AND FUTURE RESPONSE COSTS. THESE COSTS ARE EXPECTED TO AMOUNT TO 33 MILLION TO 1.7 BILLION DOLLARS, IF THE COSTS OF THE REMEDY ARE INCLUDED. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. THIS CASE INVOLVES A CONFLICT BETWEEN STATE OF MAINE CORPORATE LAW, FRCP 17(B), AND CERCLA. MAINE CORPORATE LAW WOULD RELEASE UV TRUST FROM LIABILITY. CERCLA, ON THE OTHER HAND, WOULD SEEM TO SUGGEST THAT LIABILITY REMAINS WITH TRUST. DISTRICT COURT RULES IN FAVOR OF U.S., AGAINST RULE 17(B).

Defendants (4)

• ARCONamed in complaintNamed in settlement
• SHARON STEEL CORPORATIONNamed in complaintNamed in settlement
• U.V. INDUSTRIES, INC.Named in settlement
• U.V. INDUSTRIES, INC. LIQUIDATING TRUSTNamed in complaintNamed in settlement

Facilities (1)

• SHARON STEEL/MIDVALE

  SEC.35 & 36 T2S R1W, MIDVALE, UT, 84047

  Registry ID: 110010597087

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (3)

• SHARON STEEL/SHARON STEELentered 1990-08-20

  Primary law: CERCLA

• SHARON STEEL/ARCOentered 1990-08-20

  Primary law: CERCLA

• SHARON STEEL/UV INDUSTRIESentered 1990-08-20

  Primary law: CERCLA

Timeline (8 milestones)

• 1986-08-15Referred To Headquarters
• 1986-08-22Referred To Dept Of Justice
• 1986-10-09Referred TO U.S. Attorney
• 1986-10-10Complaint Filed With Court
• 1990-08-20Final Order Entered
• 1990-08-20Concluded
• 1990-08-20Final Order Lodged
• 1990-11-13Enforcement Action Closed