EPA v. SUMMITVILLE CONSOLIDATED MINING COMPANY, INC.

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 OPERATIONS 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 OF CYANIDE AND HEAVY METAL SOLUTION INTO 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 VERY PRELIMINARY LIST OF PRP'S INCLUDE: GALACTIC RESOURCES INC; GALACTIC RESOURCES LTD; SUMMITVILLE CONSOLIDATED MINING COMPANY, 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)

• SUMMITVILLE CONSOLIDATED MINING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GALACTIC RESOURCES INCORPORATED SUMMITVILLE CMC

  SEC 30 T37N R4E, SUMMITVILLE, CO, 81132

  Registry ID: 110001436624

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SUMMITVILLE CONSOLIDATED MINING COMPANY, INC.entered 2001-06-13

  Primary law: CERCLA

Timeline (5 milestones)

• 1992-12-03Enforcement Action Data Entered
• 1992-12-10Referred To Dept Of Justice
• 1995-05-08Complaint Filed With Court
• 2001-06-13Final Order Entered
• 2001-06-13Final Order Lodged