EPA v. ASARCO INC-EAST HELENA

Case summary

THE ASARCO SMELTER IS AN OPERATING CUSTOM PRIMARY LEAD SMELTING FACILITY THAT COVERS APPROXIMATELY 80 ACRES OF LAND IN THE TOWN OF EAST HELENA IN LEWIS & CLARK COUNTY, MONTANA. IN 1984, EPA ADDED THE E. HELENA SITE TO ITS NATIONAL PRIORITIES LIST OF HAZARDOUS WASTE SITES. PRELIMINARY INVESTIGATIONS OF SOILS, VEGETATION, LIVESTOCK AND SURFACE AND GROUND WATER IN THE VICINITY OF THE PLANT REVEALED ELEVATED CONCENTRATIONS OF HAZARDOUS SUBSTANCES (INCLUDING HEAVY METALS AND ARSENIC). EPA USED THE FUND TO PROVIDE TECHNICAL ASSISTANCE AND OVERSIGHT OF THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY PERFORMED BY ASARCO, THE OWNER AND OPERATOR OF THE LEAD SMELTER. EPA IS NOW SEEKING TO RECOVER PAST AND FUTURE RESPONSE COSTS INCURRED IN CONNECTION WITH THE SITE. EPA HAS INCURRED A TOTAL OF APPROXIMATELY $2.8 MILLION IN RESPONSE COSTS, AND IS CONTINUING TO INCUR COSTS ASSOCIATED WITH THE ENFORCEMENT ACTION. EPA IS ALSO SEEKING TO COMPEL ASARCO TO PERFORM THE SEL SELECTED AND, IF NECESSARY, CONTIGENCY REMEDY FOR THE FIRST OPERABLE UNIT OF THE SITE - THE PROCESS PONDS.

Defendants (4)

• ASARCO INCNamed in complaintNamed in settlement
• BURLINGTON NORTHERN RAILROADNamed in complaintNamed in settlement
• AMERICAN CHEMET CORP.Named in complaintNamed in settlement
• ANACONDA MINERALS COMPANY(ARCO)Named in complaintNamed in settlement

Facilities (3)

• ASARCO INC EAST HELENA

  SOUTH OF EAST HELENA, EAST HELENA, MT, 59625

  Registry ID: 110007651807

• ASARCO INC EAST HELENA

  SOUTH OF EAST HELENA, EAST HELENA, MT, 59625

  Registry ID: 110007651807

• ASARCO INC EAST HELENA

  SOUTH OF EAST HELENA, EAST HELENA, MT, 59625

  Registry ID: 110007651807

Statutes cited

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

Enforcement conclusions (1)

• ASARCO INCORPORATEDentered 1990-12-27

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-12-30Enforcement Action Data Entered
• 1990-06-29Referred To Dept Of Justice
• 1990-09-11Complaint Filed With Court
• 1990-12-27Final Order Lodged
• 1990-12-27Final Order Entered
• 1990-12-27Concluded