EPA v. MIDVALE SLAG

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED. THE MIDVALE SLAG SITE IS LOCATED APPROXIMATELY 12 MILES SOUTH OF SALT LAKE CITY IN THE SUBURB OF MIDVALE. THE SITE IS APPROXIMATELY 33O ACRES IN SIZE AND IS DIRECTLY ADJACENT TO THE JORDAN RIVER. THE HAZARDOUS SUBSTANCES ON THE SITE, ARSENIC, LEAD, CADMIUM, CHROMIUM, AND ZINC, AMONG OTHERS, RESULTED FROM THE SMELTING OPERATIONS OF UV INDUSTRIES, INC. THE PILES OF SLAG, SMELTER WASTE, DROSS AND BAGHOUSE DUST PRESENT ON THE SITE CONSTITUTE A POTENTIAL 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 INVESTIGATIONS AT THE SITE. EPA WILL INCUR FUTURE RESPONSE COSTS IN UNDERTAKING OR OVERSEEING A FULL REMEDIAL INVESTIGATION/FEASIBILITY STUDY AND DESIGN AND IMPLEMENTATION OF A REMEDY FOR THE SITE. THE PROPOSED RELEIF 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 INVESTIGATE AND REMEDY THE IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH AND THE ENVIRONMENT CAUSED BY CONTAMINATION AT THE SITE. B. RECOVERY OF PAST AND FUTURE RESPONSE COSTS. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. LIKE THE SHARON STEEL CASE, THIS CASE INVOLVES A CONFLICT BETWEEN STATE OF MAINE CORPORATE LAW, FRCP 17(B), AND CERCLA MAINE CORPORATE LAW MAY RELEASE UV TRUST FROM LIABILITY. THE CLEAR LANGUAGE OF SECTION 107 OF CERCLA, HOWEVER, SUGGESTS THAT LIABILITY REMAINS WITH THE TRUST. THE U.S. DISTRICT COURT FOR THE DISTRICT OF UTAH HAS SUPPORTED THE US IN THIS CONTENTION UPON A MOTION TO DISMISS.

Defendants (4)

• CENTURY TERMINALS, INC.Named in complaint
• SHARON STEEL CORPORATIONNamed in complaint
• UV INDUSTRIES, INC. LIQUIDATING TRUSTNamed in complaint
• VALLEY MATERIALS CORPORATIONNamed in complaint

Facilities (1)

• MIDVALE SMELTER

  7030 SOUTH & JORDAN RIVER, MIDVALE, UT, 84047

  Registry ID: 110010669507

Statutes cited

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

Timeline (5 milestones)

• 1988-01-13Referred To Headquarters
• 1988-02-08Referred To Dept Of Justice
• 1989-02-10Complaint Filed With Court
• 1991-03-25Concluded
• 1991-03-25Enforcement Action Closed