EPA v. SMUGGLER-DURANT, INC.

Case summary

THE VIOLATION(S) UPON WHICH THE ACTION IS BASED. THE SMUGGLER MOUNTAIN SITE IS LOCATED WITHIN ONE MILE OF ASPEN, COLORADO. THE SITE COVERS APPROXIMATELY 110 ACRES AND IS ADJACENT TO THE ROARING FORK RIVER. THE HAZARDOUS SUBSTANCES ON THE SITE, LEAD AND CADMIUM, AMONG OTHERS, RESULTED FROM THE MINING, AND MILLING OPERATIONS OF SMUGGLER-DURANT AND OTHER COMPANIES. THE MINE WASTES ON THE SITE CONSTITUTE AN ACTUAL AND 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 CONTIGENCY PLAN. EPA WILL INCUR FUTURE COSTS IN EITHER UNDERTAKING THE REMEDIAL DESIGN/REMEDIAL ACTION AT THE SITE OR IN OVERSEEING THE DEFENDANTS' PERFORMANCE OF THE REMEDY. 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 THE CONTAMINATION AT THE SITE. B. RECOVERY OF PAST AND FUTURE RESPONSE COSTS. THESE COSTS ARE EXPECTED TO AMOUNT TO APPROXIMATELY $1,200,000 IF THE DEFENDANTS PERFORM THE REMEDY. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. THIS CASE CONTAINS A NOVEL LEGAL ISSUE CONCERNING THE DEFINITION OF THE TERM 'DISPOSAL'. EPA WILL HAVE TO ASSERT THAT REDISPOSAL IS ENCOMPASSED BY THE DEFINITION OF DISPOSAL THIS ISSUE ONLY APPLIES TO SOME OF THE DEFENDANTS.

Defendants (12)

• SMUGGLER MOBIL HOME OWNERS ASSOCIATIONNamed in complaintNamed in settlement
• SMUGGLER RACQUET CLUBNamed in complaintNamed in settlement
• SMUGGLER-DURANT MINING CORPORATIONNamed in complaintNamed in settlement
• ALBOUY, STEFAN MR.Named in complaintNamed in settlement
• ANACONDANamed in complaintNamed in settlement
• CENTENNIAL-ASPEN PARTNERSHIPNamed in complaintNamed in settlement
• HUNTER CREEKNamed in complaintNamed in settlement
• MCO HOLDINGS, INC.Named in complaintNamed in settlement
• PITKIN COUNTYNamed in complaintNamed in settlement
• SILVER KING ASSOCIATESNamed in complaintNamed in settlement
• SILVER KING INVESTMENTSNamed in complaintNamed in settlement
• SMUGGLER LIMITED, INC.Named in complaintNamed in settlement

Facilities (1)

• SMUGGLER MTN SUPERFUND SITE

  SPRUCE ST, ASPEN, CO, 81611

  Registry ID: 110008299554

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• SMUGGLER-DURANT MINING ET AL.entered 1995-07-11

  Primary law: CERCLA

Timeline (9 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-24Referred To Dept Of Justice
• 1988-05-04Returned To Region
• 1989-09-11Rereferred
• 1989-10-16Complaint Filed With Court
• 1995-07-11Final Order Entered
• 1995-07-11Concluded
• 1995-07-11Final Order Lodged
• 2001-08-29Enforcement Action Closed