EPA v. CALIFORNIA GULCH SFS/RES-ASARCO

Case summary

ALL OR SOME OF THE FOUR AREAS IDENTIFIED IN THE WORK PLAN CONTAIN VARIOUS HEAVY METALS WHICH MAY INCLUDE CADMIUM, COPPER, LEAD, AND ZINC. MIGRATION OF THESE METALS, WHICH CAN OCCUR BY VARIOUS MEANS, INCLUDING SURFACE TRANSPORT AND LEACHING, MAY CONTRIBUTE TO SURFACE OR GROUNDWATER CONTAMINATION AT THE SITE. THESE HEAVY METALS HAVE POTENTIALLY TOXIC EFFECTS ON HUMAN HEALTH OR AQUATIC LIFE. A. THE GARIBALDI WORKINGS REFER TO THE GARIBALDI TUNNEL PORTAL WHICH IS AN HISTORIC MINING TUNNEL LOCATED NEAR THE HEAD OF CALIFORNIA GULCH. THE PORTAL HAS NOW COLLAPSED, BUT SEEPAGE FROM THE TUNNEL CONTINUES TO DRAIN INTO CALIFORNIA GULCH. B. THE NORTH MIKE WORKINGS ARE LOCATED IN THE ADELAIDE GROUP OF MINES NORTH OF CALIFORNIA GULCH, BETWEEN THE ADALAIDE AND MIKE FAULTS. THE WORKINGS CONSIST OF PILES OF WASTE ROCK COVERING APPROXIMATELY SIX ACRES. C. THE OREGON GULCH TAILING POND IS LOCATED IN THE HEADWATER AREA OF THE OREGON GULCH. IT IS ONE OF FOUR MAJOR TAIL PONDS IN THE CALIFORNIA GULCH SUPERFUND AREAS. D. THE STARR DITCH, TAKES FLOW FROM RUNOFF FROM STRAY HORSE GULCH THROUGH THE TOWN OF LEADVILLE AND DISCOURAGES SAME INTO CALIFORNIA GULCH. THE DITCH DRAINS APPROXIMATELY 100 ACRES OF STRAY HORSE GULCH WASTE PILES. THE STARR DITCH IS IN CLOSE PROXIMITY TO LEADVILLE RESIDENTIAL AREAS.

Defendants (4)

• RES-ASARCO JOINT VENTURENamed in complaint
• RESURRECTION MINING COMPANYNamed in complaint
• ASARCO, INC.Named in complaint
• CALIFORNIA GULCH SUPERFUND SITENamed in complaint

Facilities (1)

• CALIFORNIA GULCH

  S OF CY-YAK TUNNEL DOWNSTREAM, LEADVILLE, CO, 80461

  Registry ID: 110006000521

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (2 milestones)

• 1990-12-14Complaint Filed/Proposed Order
• 1992-06-29Enforcement Action Data Entered