EPA v. GALACTIC RESOURCES, LTD

Case summary

COMMENCING IN 1985, AND CONTINUING UNTIL AUGUST OF 1990, SUMMITVILLE CONSOLIDATED MINING COMPANY, INC. (SUMMITVILLE) OPERATED A MINE AND HEAP LEACH OPERATION IN THE SOUTHEASTERN SAN JUAN MOUNTAINS, 25 MILES SOUTHWEST OF DEL NORTE, COLORADO. SUMMITVILLE'S HEAP LEACH OPERATION USED A CYANIDE SOLUTION TO REMOVE PRECIOUS METALS, PRIMARILY GOLD, FROM THE MINED ORE. WHILE SUMMITVILLE'S ACTIVE MINING OPERATION CEASED IN 1990, THE HEAP LEACH PAD, CYANIDE SOLUTION AND ASSOCIATED APPURTENANCES WERE NOT REMOVED FROM THE SITE. IN THEIR RESPONSES TO EPA'S DECEMBER 4, 1992 GENERAL NOTICE LETTERS, SUMMITVILLE AND ITS PARENT, GALACTIC RESOURCES, LTD (LOCATED IN CANADA) (GRL), MADE CLEAR THAT SUMMITVILLE'S OPERATIONS WOULD IN ALL LIKELIHOOD BE TERMINATED AS OF DECEMBER 15, 1992. AFTER BEING ADVISED BY COLORADO STATE PERSONNEL THAT A TERMINATION OF OPERATION AT THE SITE WOULD RESULT IN A RELEASE OF CYANIDE AND HEAVY METAL SOLUTION INTO THE NEARBY WIGHTMAN FK. OF THE ALAMOSA RIVER, EPA PREPARED TO TAKE EMERGENCY RESPONSE ACTION AT THE SITE TO PREVENT THE ANTICIPATED RELEASE. SUMMITVILLE FILED A PETITION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE IN BANKRUPTCY COURT IN AND FOR THE DISTRICT OF COLORADO ON DECEMBER 4, 1992. GRL FILED FOR BANKRUPTCY IN CANADA ON OR ABOUT JANUARY 27, 1993. ON DECEMBER 16, 1992, EPA TOOK OVER OPERATIONS OF THE WATER TREATMENT SYSTEMS AT THE SITE AND HAS CONTINUED TO OPERATE THOSE SYSTEMS THROUGH THE PRESENT TIME. AN ON-SCENE COORDINATOR AND TWO REMEDIAL PROJECT MANAGERS HAVE BEEN ASSIGNED TO THIS SITE AND ARE PLANNING FURTHER ACTIONS TO BE TAKEN. THE SITE HAS BEEN SCORED AND WILL LIKELY BE PROPOSED FOR THE NPL IN THE NEXT NPL RULE PACKAGE. EPA HAS ALREADY INCURRED ALMOST $5 MILLION IN RESPONSE COSTS AND WILL LIKELY INCUR SIGNIFICANT ADDITIONAL RESPONSE COSTS IN CONJUNCTION WITH OUR ACTIVITIES AT THE SITE. A PRELIMINARY LIST OF PRP'S INCLUDE THE FOLLOWING: GALACTIC RESOURCES, INC; GALACTIC RESOURCES, LTD; SUMMITVILLE CONSOLIDATED MINING CO INC; AZTEC MINERALS; GRAY EAGLE MINING; SOUTH MOUNTAIN MINERALS; US FOREST SERVICE; BARNSDALL OIL COMPANY; B T POXSON; REYNOLDS MINING COMPANY; REYNOLDS-MORSE CORPORATION; A O SMITH; CLEVELAND-CLIFFS IRON; GENERAL MINERALS; GOLD LINKS; HALL PRODUCTION COMPANY; INDUSTRIAL CONSTRUCTORS CORPORATION; UNION PACIFIC RAILROAD; W S MOORE COMPANY; ARCO; ASARCO.

Defendants (1)

• GALACTIC RESOURCES, LTDNamed in complaint

Facilities (1)

• GALACTIC RESOURCES INCORPORATED SUMMITVILLE CMC

  SEC 30 T37N R4E, SUMMITVILLE, CO, 81132

  Registry ID: 110001436624

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (4 milestones)

• 1992-12-03Enforcement Action Data Entered
• 1992-12-10Referred To Dept Of Justice
• 1995-05-08Complaint Filed With Court
• 2018-06-07Enforcement Action Closed