EPA v. COLORADO SCHOOL OF MINES RESEARCH INSTITUTE RESEARCH SITE

Case summary

CSMRI BECAME THE OPERATOR OF A METALLURGICAL EXPERIMENTAL PLANT AT THE SITE IN 1949 AND OPERATED UNTIL 1985 WHEN OPERATIONS CEASED. SERVICES AT THE SITE INCLUDED ORE PROCESSING, ORE CRUSHING, GRINDING, FLOATATION, FIRE ASSAY, SOLVENT EXTRACTION AND FURNACE OPERATIONS. WASTE MATERIALS FROM THIS WORK INCLUDE LOW-LEVEL RADIOACTIVE WASTE, LEAD ARSENIC AND OTHER HEAVY METALS. REMOVAL ACTIONS BEGAN AT THE SITE IN JANUARY 1992 IN RESPONSE TO A WATER MAIN BREAK. WATER FLOWED ACROSS THE SITE AND INTO A CONTAMINANT-FILLED TAILINGS POND CAUSING THE POND TO OVERFLOW INTO CLEAR CREEK. EPA EXCAVATED AND STOCKPILED SOILS AND SEDIMENTS ON-SITE AND IMPLEMENTED DUST/EROSION CONTROL. OTHER RESPONSE ACTIVITIES BY EPA INCLUDE THE DECONTAMINATION OF LABORATORY DRAINAGE SYSTEMSS IN 17 BUILDINGS, CONSOLIDATION OF DRUM WASTES AND TESTING AND DISPOSAL OF COMPRESSED GAS CYLINDERS. ON DECEMBER 15, 1994, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER TO 14 POTENTIALLY RESPONSIBLE PARTIES REQUIRING THE DISPOSAL OF STOCKPILED SOILS BY JUNE OF 1996. IN PERFORMING THESE RESPONSE ACTIONS, EPA INCURRED COSTS OF APPROXIMATELY $2,720,000. EPA HAS RECOVERED $1,340,540 IN RESONSE COSTS AS A RESULT OF AN EARLIES DE MINIMIS SETTLEMENT. EPA ESTIMATES THAT THE TOTAL RESPONSE COSTS INCURRED AND TO BE INCURRED IN CONNECTION WITH THE SITE IS $6,000,000. THE PAYMENT REQUIRED TO BE MADE BY EACH RESPONDENT PURSUANT TO THIS CONSENT ORDER IS A MINOR PORTION OF THIS TOTAL AMOUNT. EACH RESPONDENT WAS GIVEN A CHOICE OF 2 OPTIONS: OPTIONS AND AMOUNTS ARE AS FOLLOWS: ENERGY NUCLEAR FUELS - OPTION 1 - $184,800.41 KENNECOTT CORP. - OPTION 2 - $30,285.75 LOCKHEED CORP. - OPTION 2 - $554.20 KENNECOTT HOLDINGS CORP - OPTION 2 - $30,285.75 KENNECOTT UTAH COPPER CORP - OPTION 2 - $30,285.75

Defendants (5)

• ENERGY FUELS NUCLEAR, INC.Named in complaintNamed in settlement
• KENNECOTT CORPORATIONNamed in complaintNamed in settlement
• KENNECOTT HOLDINGS CORPORATIONNamed in complaintNamed in settlement
• KENNECOTT UTAH COPPER CORPORATIONNamed in complaintNamed in settlement
• LOCKHEED CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• COLORADO SCHOOL OF MINES RESEARCH INST

  FAR WEST END OF 12TH STREET, GOLDEN, CO, 80401

  Registry ID: 110008297967

Statutes cited

• CERCLA 122G4 — Superfund

Enforcement conclusions (1)

• CSMRI SITEentered 1998-10-07

  Primary law: CERCLA

Timeline (3 milestones)

• 1996-08-27Complaint Filed/Proposed Order
• 1998-10-07Final Order Issued
• 1999-01-06Enforcement Action Data Entered