EPA v. MURRAY SMELTER SITE

Case summary

THIS IS AN AGREEMENT AND COVENANT NOT TO SUE. CHIMNEY RIDGE L.C. IS PROPOSING TO DEVELOP THE ON-FACILITY PORTION OF THE SITE AND WILL INCLUDE MOVIE THEATERS, RETAIL ESTABLISHMENTS, A MEDICAL COMPLEX, AND OTHER COMMERCIAL USES. MURRAY SMELTER, WHICH CONTINUED OPERATION THROUGH 1949, LEFT LARGE AMOUNTS OF ARSENIC AND LEAD IN VARIOUS AREAS OF THE SURFACE AND SUBSURFACE SOILS AND CONTAMINATED THE SHALLOW AQUIFER WITH HIGH CONCENTRATIONS OF ARSENIC. EPA'S RISK ASSESSMENT INDICATES THAT USES ENTAILING LONG-TERM DIRECT CONTACT WITH THE CONTAMINATED SOIL OR INGESTION OF THE CONTAMINATED GROUNDWATER COULD PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH. IN CONSIDERATION OF AND IN EXCHANGE FOR THE U.S. COVENANT NOT TO SUE, RESPONDENT'S AGREE TO PAY EPA $15,000.

Defendants (1)

• CHIMNEY RIDGE, L.C.Named in complaintNamed in settlement

Facilities (1)

• MURRAY SMELTER SITE

  5300 SOUTH MAIN STREET, MURRAY, UT, 841070000

  Registry ID: 110002261515

Statutes cited

• CERCLA 122 — Superfund

Enforcement conclusions (1)

• MURRAY SMELTER SITEentered 1998-08-19

  Primary law: CERCLA

Timeline (4 milestones)

• 1998-08-19Final Order Issued
• 1998-08-19Complaint Filed/Proposed Order
• 1998-09-24Enforcement Action Data Entered
• 2002-01-14Enforcement Action Closed