EPA v. Gilt Edge Mine Site

Case summary

This referral requests DOJs assistance in Consent Decree Negotiations for the Gilt Edge Mine site. In the 5 consent decrees with property owners (CEGA, Commonwealth Mining Co., Repke, Hankins Trust, and Borsch-Farni), to satisfy their liabilities, each party confessed to entry of a judgment in negotiated amounts that totals $12,775,000. Rather than making cash payments to EPA, each party will satisfy their respoecive judgment in full by transferring all their land within the site boundaries to the State of South Dakota and by assigning to EPA all potential rights to any insurance claim proceeds. In addition, one of the settling parties (commonwealth) will sell other land outside the site and pay a portion of the sales proceeds to EPA.

Defendants (8)

• Phelps-Dodge CorporationNamed in complaintNamed in settlement
• Whitehouse Congress, Inc.Named in complaintNamed in settlement
• Richard and Patricia RepkeNamed in complaintNamed in settlement
• Northwestern Metal Company dba CEGA ServicesNamed in complaintNamed in settlement
• Hankins TrustNamed in complaintNamed in settlement
• Commonwealth Mining CompanyNamed in complaintNamed in settlement
• Borsch Trust/Jeraldine Borsch FahrniNamed in complaintNamed in settlement
• Willis and Leona AyeNamed in complaintNamed in settlement

Facilities (1)

• GILT EDGE MINE SITE

  4 MILES SE OF LEAD, LEAD, SD, 57754

  Registry ID: 110009261878

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (8)

• Gilt Edge Mine Site - Commonwealth Mining Companyentered 2010-02-08

  Primary law: CERCLA

• Gilt Edge Mine Site - Borsch-Fahrnientered 2010-09-27

  Primary law: CERCLA

• Gilt Edge Mine Site - Repkeentered 2010-09-27

  Primary law: CERCLA

• Gilt Edge Mine Site - Hankinsentered 2010-09-27

  Primary law: CERCLA

• Gilt Edge Mine Site Coca Minesentered 2016-09-19

  Primary law: CERCLA

• Gilt Edge Mine Site Homestakeentered 2012-10-10

  Primary law: CERCLA

• Gilt Edge Mine Site - CEGAentered 2010-02-08

  Primary law: CERCLA

• Gilt Edge Mine Site Cyprusentered 2012-10-10

  Primary law: CERCLA

Timeline (6 milestones)

• 2007-09-27Referred To Dept Of Justice
• 2007-10-02Enforcement Action Data Entered
• 2009-12-10Complaint Filed With Court
• 2016-09-19Final Order Lodged
• 2016-09-19Final Order Entered
• 2019-09-19Enforcement Action Closed