EPA v. METATE ASBESTOS CORPORATION

Case summary

ALL 130 RESIDENTS OF THE MOUNTAIN VIEW MOBILE HOME ESTATES, A TRAILER PARK NEAR GLOBE, ARIZONA, ARE CHRONICALLY EXPOSED TO CHRYSOTILE ASBESTOS, AN ESTAABLISHED CARCINOGEN AND FIBROGEN. THE RESIDENTS, WHO ARE PRIMARILY LOW AND MIDDLE INCOME FAMILIES WITH SMALL CHILDREN, LIVE DIRECTLY ON TOP OF ABANDONED ASBESTOS TAILINGS. DIRECT CONTACT WITH THE ASBESTOS FIBERS IS A CONTINUING CONDITION AT THE SITE. CHILDREN AT THE SITE HAVE DIRECT CONTACT WITH THE SOIL WITH HIGH CONCENTRATIONS OF THE FIBERS. DIRECT CONTACT WITH THE FIBERS BY THE CHILDREN REPRESENTS THE GREATEST HEALTH RISK AT THE SITE. THE SITE WAS PREVIOUSLY OWNED BY METATE ASBESTOS COR- PORATION. JACK NEAL IS PRESIDENT AND PRINCIPLE STOCKHOLDER OF METATE. METATE OPERATED AN ASBESTOS ORE MILL IN THE CEN- TER OF THE SITE FROM 1953 UNTIL 1974. HUNDREDS OF TONS OF MILLING WASTES WERE DISPOSED OF IN TAILING PILES AT THE SITE. IN 1973 THE ARIZONA DEPARTMENT OF HEALTH SERVICES FOUND METATE IN VIOLATION OF EPA AIR QUALITY STANDARDS AND THE GILA COUNTY SUPERIOR COURT ISSUED A TEMPORARY INJUNCTION ORDERING METATE TO CEASE OPERATIONS. IN RESPONSE, JACK NEAL CEASED MILL OPERATIONS AND CAUSED THE SITE TO BE SUBDIVIDED THROUGH ANOTHER COMPANY OWNED BY JACK NEAL CALLED NEAL, CAP- PER, NEAL LAND & DEVELOPMENT CORPORATION, INC. THE LAND WAS THEN GRADED USING ASBESTOS MILL TAILINGS AS THE PRIMARY LAND FILL MATERIAL AND LOTS WERE SOLD. YET ANOTHER NEAL ENTER- PRISE, NEAL REALTY MOBILE HOMES DIVISION, SOLD MOBILE HOMES TO THE RESIDENTS. IN OCTOBER, 1979, LOCAL HEALTH OFFICIALS DISCOVERED SERIOUS ASBESTOS CONTAMINATION AT THE SITE. IN JANUARY 1980 THE GOVERNOR DECLARED A STATE OF EMERGENCY AT THE SITE WHEN ORDERS FOR CLEANUP WERE UNSUCCESSFUL. THE STATE THEN PRO- CEDED TO DECONTAMINATE THE HOMES, PLACED A SIX-INCH LAYER OF SOIL COVER OVER THE ACCESSIBLE SURFACE OF THE SITE, THEN DEMOLISHED THE VACANT MILL BUILDING AND REMOVED THE ASBESTOS LADEN EQUIPMENT. THE SOIL COVER WAS MEANT AS A TEMPORARY MEASURE, BECASES IT WAS SHALLOW AND DID NOT COVER THE ENTIRE SITE. SINCE THE CAPPING, EROSION AND DISTURBANCE BY HUMAN ACT IVITY HAVE PROGRESSIVELY DESTROYED THE PARTIAL SOIL COVER. AS A RESULT, THE ASBESTOS IN THE LANDFILL IS SUBJECT TO AIR DISPERSAL AS WELL AS DISPERSAL BY THE RESIDENTS. ASBESTOS FIBERS FROM THE SITE WERE FOUND BYE ELECTRON MICROSCOPY TO BE 0.05-0.50 UM IN DIAMETER AND 1-20 UM IN LENGTH. THESE SHORT FIBERS ARE HIGHLY RESPIRABLE AND PRESENT THE GREATEST HEALTH RISK. IN ADDITION TO ON-SITE CONTAMINATION, TAILINGS FROM PILES OFF-SITE ATE THE ADJACENT JACQUAYS MILL AND AT THE IN- ACTIVE TOWN MILL MAY CONTRIBUTE ADDITIONAL AIRBORNE ASBESTOS TO THE SITE. NOTICE LETTERS PURSUANT TO SUPERFUND HAVE BEEN PREPARED BY THE REGION AND WILL BE SENT TO THE POTENTIALLY RESPON- SIBLE PARTIES. THE COMPLAINT WOULD BE BASED ON SECTION 106 OF CERCLA AND SECTION 7003 OF RCRA.

Defendants (10)

• CAPPER, DELLON R.Named in complaintNamed in settlement
• CAPPER, JACQUELINE F.Named in complaintNamed in settlement
• CAPPER, NEALNamed in complaintNamed in settlement
• NEAL LAND & DEVEL. CORP.Named in complaintNamed in settlement
• NEAL, EFFIE D.Named in complaintNamed in settlement
• NEAL, F. GERALDINENamed in complaintNamed in settlement
• NEAL, JACK L.Named in complaintNamed in settlement
• D.W. JACQUAYS MINING & CONTR. EQUIP. CO.Named in complaintNamed in settlement
• JACQUAYS MINING CORP.Named in complaintNamed in settlement
• METATE ASBESTOS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• MOUNTAIN VIEW MOBILE HOME ESTATES

  RTE 77, GLOBE, AZ, 85501

  Registry ID: 110009265810

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CAA 303 — Imminent/Substantial Endangerment
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• METATE ASBESTOS CORPORATIONentered 1985-07-12

  Primary law: CERCLA

Timeline (9 milestones)

• 1982-04-23Enforcement Action Data Entered
• 1982-09-27Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-05-13Referred TO U.S. Attorney
• 1983-05-13Complaint Filed With Court
• 1985-07-12Final Order Lodged
• 1985-07-12Final Order Entered
• 1985-07-12Concluded
• 1990-12-31Enforcement Action Closed