EPA v. HOMESTAKE MINING COMPANY OF CALIFORNIA

Case summary

THE WHITEWOOD CREEK SUPERFUND SITE ( WMC SITE ) IS LOCATED IN LAWRENCE, MEADE, AND BUTTE COUNTIES, SOUTH DAKOTA. THE WWC SITE ENCOMPASSES ROUGHLY 18 MILES OF THE WHITEWOOD CREEK FLOODPLAIN FROM THE CROOK CITY BRIDGE TO THE CONFLUENCE WITH THE BELLE FOURCHE RIVER. THE PRIMARY PUBLIC HEALTH CONCERNS AT THE WWC SITE ARISE FROM THE POTENTIAL OF HUMAN EXPOSURE TO ARSENIC-RICH MINE TAILINGS AND INGESTION OF SOIL AND GROUNDWATER CONTAMINATED WITH ARSENIC. MINE TAILINGS WERE DISCHARGED INTO WHITEWOOD CREEK FROM UPSTREAM GOLD MINING OPERATIONS FROM THE 1870'S TO 1977. THESE TAILINGS WERE TRANSPORTED AND DEPOSITED BY STREAM ACTION ALONG THE FLOODPLAIN OF WHITEWOOD CREEK. IN 1981, AT THE REQUEST OF GOVERNOR JANKLOW OF SOUTH DAKOTA, THE WWC SITE WAS PLACED ON THE INTERIM NPL. SUBSEQUENTLY, ON SEPTEMBER 08,1983, THE SITE WAS PLACED ON THE NPL. ALMOST IMMEDIATELY FOLLOWING THE NPL LISTING GOVERNOR JANKLOW REQUESTED THAT THE WWC SITE BE REMOVED FROM THE LIST. SEVERAL MONTHS LATER HOMESTAKE MINING COMPANY OF CALIFORNIA ( HOMESTAKE ) ALSO PETITIONED TO DELETE THE SITE FROM THE NPL. IN JULY 1982 FOLLOWING THE PLACEMENT OF THE WWC SITE ON THE INTERM NPL, THE EPA, THE SOUTH DAKOTA DEPARTMENT OF WATER AND NATURAL RESOURCES ( DWNR ), AND HOMESTAKE ENTERED INTO A THREE-PARTY STUDY AGREEMENT TO CONDUCT A COMPREHENSIVE STUDY OF THE SITE. THIS STUDY, FUNDED BY HOMESTAKE AND CONDUCTED BY FOX CONSULTANTS, INC. ( FOX STUDY ), CONCLUDED IN A REPORT PUBLISHED IN 1984, THAT ARSENIC WAS THE CONTAMINANT OF MOST CONCERN. SIMULTANEOUSLY WITH THIS BASE STUDY TWO RELATED STUDIES WERE CONDUCTED. THE FIRST STUDY FUNDED BY HOMESTAKE EXAMINED THE HYDROGEOCHEMISTRY OF THE SITE AND RESULTED IN A REPORT COMPLETED IN 1985. THE SECOND STUDY WAS AN EXTENSIVE INVESTIGATION OF THE SURFACE WATER IN WHITE WOOD CREEK BY THE U.S.G.S. A DRAFT REPORT WAS RELEASED IN 1985. NEITHER OF THESE RELATED STUDIES WERE PERFORMED UNDER EPA OVERSIGHT. AFTER COMPLETION OF THE FOX STUDY, HOMESTAKE FUNDED A NUMBER OF ADDITIONAL STUDIES WITHOUT EPA OVERSIGHT. THE MOST SIGNIFICANT OF THESE ADDITIONAL STUDIES WAS A HUMAN HEALTH EXPOSURE ASSESSMENT PERFORMED BY ENVIRON CORPORATION IN 1985. THIS STUDY CONCLUDED THAT THERE ARE NO SIGNIFICANT HUMAN HEALTH RISKS PRESENTED BY THE WWC SITE. IN 1985, EPA HEADQUARTERS (ORD), THROUGH AN IAG WITH THE DEPARTMENT OF ENERGY, CONTRACTED WITH BATTELLE PACIFIC NORTHWEST LABORATORY TO PREPARE AND ENDANGERMENT ASSESSMENT ( BATTELLE EA )FOR THE SITE. THE FIRST DRAFT BATTELLE EA WAS DISTRIBUTED FOR COMMENT TO THE PARTIES IN JANUARY 1988. THIS FIRST DRAFT WAS CRITICIZED BY HOMESTAKE AS UNNECESSARY, BECAUSE HOMESTAKE HAD ALREADY FUNDED AND COMPLETED A RISK ASSESSMENT IN 1985, AND AS OVERLY CONSERVATIVE IN ITS RISK ESTIMATES. EPA AGREED THAT THE MAXIMUM EXPOSURE SCENARIOS USED BY BATTELLE WERE UNREASONABLE AND RESULTED IN OVERLY CONSERVATIVE ESTIMATES. THE FIRST BATTELLE EA WAS ALSO INADEQUATE BECAUSE IT FAILED TO ESTABLISH REMEDIAL ACTION OBJECTIVES NEEDED FOR THE FEASIBILITY STUDY PROCESS, A PRIMARY PURPOSE OF AN ENDANGERMENT ASSESSMENT. AS A RESULT, EPA CONTRACTED WITH JACOBS ENGINEERING, OUTSIDE THE IAG, TO OVERSEE BATTELLE'S PREPARATION OF THE FINAL ENDANGERMENT ASSESSMENT WITH MORE REALISTIC BUT STILL PROTECTIVE RISK ESTIMATES AND TO ESTABLISH REMEDIAL ACTION OBJECTIVES FOR USE IN THE FEASIBILITY STUDY. A SECOND DRAFT BATTELLE EA WAS DISTRIBUTED FOR COMMENT IN MARCH 1989. AFTER REVIEW OF THIS SECOND DRAFT, EPA'S COMMENTS WERE NOT ADDRESSED AND IT BECAME APPARENT THAT BATTELLE COULD NOT COMPLETE THE EA AND EPA CONTRACTED WITH JACOBS TO PREPARE A FINAL ENDANGERMENT ASSESSMENT SUMMARY. THIS FINAL ENDANGERMENT ASSESSMENT SUMMARY ( JACOBS EA ) WAS COMPLETED IN JULY 1989. AN ADMINSTRATIVE ORDER ON CONSENT WAS SIGNED IN DENVER 1988 BY EPA AND HOMESTAKE. THIS ORDER CONCLUDED THAT THE FOX STUDY PLUS SEVEN OTHER CONSTITUTE THE FUNCTIONAL EQUIVALENT OF A REMEDICAL INESTIGATION. THE ORDE

Defendants (1)

• HOMESTAKE MINING COMPANY OF CALIFORNIANamed in complaintNamed in settlement

Facilities (1)

• WHITEWOOD CREEK

  10 MI PART OF STREAM, WHITEWOOD, SD, 57793

  Registry ID: 110009261814

Statutes cited

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

Enforcement conclusions (1)

• HOMESTAKE MINING COMPANYentered 1991-04-04

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-02-20Enforcement Action Data Entered
• 1990-03-23PRN Sent
• 1990-08-21Referred To Dept Of Justice
• 1990-09-25Referred TO U.S. Attorney
• 1990-10-10Complaint Filed With Court
• 1991-04-04Final Order Lodged
• 1991-04-04Final Order Entered
• 1991-04-04Concluded