EPA v. Nelson Tunnel/Commodore Waste Rock Pile

Case summary

The United States of America (?United States?), on behalf of the Administrator of the United States Environmental Protection Agency (?EPA?), and the State of Colorado (?State?), on behalf of the Colorado Department of Public Health and the Environment (?CDPHE?), filed a complaint in this matter pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (?CERCLA?), 42 U.S.C. ? 9607, seeking reimbursement of response costs incurred or to be incurred for response actions taken or to be taken at or in connection with the release or threatened release of hazardous substances at the Nelson Tunnel/Commodore Waste Rock Pile Superfund Site located on West Willow Creek approximately one mile upstream of the City of Creede in Mineral County, Colorado (the ?Site?). In response to the release or threatened release of hazardous substances at or from the Site, including the erosion of mine waste from the Commodore Waste Rock Pile and the discharge of contaminated water from the Nelson Tunnel, EPA and CDPHE undertook response actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. ? 9604, and will undertake additional response actions in the future. In performing response actions at the Site, EPA and CDPHE incurred response costs and will incur additional response costs in the future.

Defendants (8)

• DEL MONTE MINING COMPANYNamed in complaintNamed in settlement
• COMMODORE MINING COMPANYNamed in complaintNamed in settlement
• PICKENS OPERATING COMPANYNamed in complaintNamed in settlement
• T. BOONE PICKENSNamed in complaintNamed in settlement
• HECLA LIMITEDNamed in complaintNamed in settlement
• COCA MINESNamed in complaintNamed in settlement
• PIONEER NATURAL RESOURCES USANamed in complaintNamed in settlement
• PIONEER NATURAL RESOUCES COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NELSON TUNNEL/COMMODORE WASTE ROCK PILE

  NATIONAL FOREST ROAD 503.4, CREEDE, CO, 81130

  Registry ID: 110069437782

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Nelson Tunnel/Commodore Waste Rock Pileentered 2016-06-15

  Primary law: CERCLA

Timeline (5 milestones)

• 2013-05-10Referred To Dept Of Justice
• 2013-10-28Enforcement Action Data Entered
• 2016-06-15Complaint Filed With Court
• 2016-06-15Final Order Entered
• 2016-06-15Final Order Lodged