EPA v. IRON MOUNTAIN MINE INCORPORATED

Case summary

REGION IX HAS PROPOSED TO FILE A CIVIL ACTION SEEKING JUDICIAL ENFORCEMENT OF EPA'S RIGHT OF ACCESS UNDER SECTION 104(E) OF CERCLA, AS AMENDED, TO IMPLEMENTATION OF THE REMEDIAL ACTION AT THE IRON MOUNTAIN MINE SITE LOCATED NEAR REDDING, CALIFORNIA. THE MINE IS LOCATED 9 MILES OUTSIDE OF REDDING ON 4,400 ACRES OF PROPERTY OWNED BY IRON MOUNTAIN MINES, INC (IMMI). MILL TAILINGS WERE DEPOSITED AT NUMEROUS LOCATIONS AROUND THE SITE. ACID MINE DRAINAGE(AMD), WHICH HAS VERY HIGH METAL CONCEN- TRATIONS AND A VERY LOW PH, DISCHARGED FROM NUMEROUS POINT AND NONPOINT SOURCES INTO STREAMS ON THE SITE AND EVENTUALLY ENTERED IN THE SACRAMENTO RIVER, A WATER SUP- PLY SOURCE AND IMPORTANT SALMON SPAWNING AREA. APPOROXI- MATELY 4,000 POUNDS PER DAY OF HEAVY METALS ARE DISCHARGED FROM THE SITE. IN 1982, THE EPA ISSUED NOTICE LETTERS TO IMMI INFORM- ING THE COMPANY OF ITS STATUS AS A POTENTIALLY RESPONSIBLE PARTY (PRP). BUT THE IMMI RETURNED AN INCOMPLETE PROPOSAL TO ADDRESS THE CONDITIONS AT THE SITE. THEN REGION IX ISSUED SEVERAL ROUNDS OF LETTERS UNDER RCRA SECTION 3007 (A) AND CERCLA SECTION 104(E), ONLY TO GET AN INADEQUATE REPONSE FROM THE IMMI. ON OCTOBER 3, 1986, A RECORD OF DECISION WAS SIGNED BY THE REGIONAL ADMISTRATION, TO GIVE IMMI AN OPPORTUNITY TO SUBMIT ITS CLEAN-UP PLAN FINAL FORM WHICH IMMI FAILED TO SUBMIT WITHIN THE REQUIRED TIME. REGION IX IS NOW PREPARED TO IMPLEMENT THE REMEDIAL ACTION SELECTED FOR THE SITE. THE PLAN CONTAINS INTERIM MEASURES AS WELL AS A FINAL REMEDY. PRIOR TO COMPLETING THE SCOPE FOR THE FINAL REMEDY, ADDITIONAL SITE WORK AND TESTING MUST BE PERFORMED. ALTHOUGH IMMI HAS ALLOWED EPA ACCESS TO THE SITE IN THE PAST, NOW ITS RECENT ACTIONS AND STATEMENTS HAVE INDICATED THAT IT IS UNWILLING TO ALLOW UNQUALIFIED ACCESS EPA AND ITS CONTRACTORS. IN ORDER TO ENSURE EPA AND ITS CONTRACTOR THE RIGHT TO CONDUCT NECESSARY TESTING AND TO IMPLEMENT THE INTERIM AND FINAL REMEDIES, REGION IX PROPOSES THAT A CIVIL ACTION BE FILED BY THE DEPARTMENT OF JUSTICE UNDER THE AUTHORITY OF CERCLA SECTION 104(E), AS AMENDED, TO OBTAIN COURT OR- DER ACCESS TO THE SITE. UNDER SECTION 104(E)(3)(D), EPA OR ITS REPRESENTATIVES ARE AUTHORIZED TO ENTER AT REASON- ABLE TIMES ANY PROPERTY WHERE ENTRY IS NEEDED TO DETERMINE THE NEED FOR RESPONSE OR THE APPROPRIATE RESPONSE OR EFFECTUATE RESPONSE ACTION. BY FILING SUCH AN ACTION, EPA WOULD BE ASKING THE COURT TO EXERCISE ITS EQUITABLE AUTHORITY TO ORDER IMMI TO ALLOW ACCESS TO EPA AND ITS REP- RESENTATIVE AND ENJOIN IMMI FROM INTERFERING WITH ENTRY BY EPA OR ITS REPRESENTATIVES FOR THE ENUMERATED PURPOSES OF SECTION 104(E)(3)(D).

Defendants (2)

• IMMINamed in complaint
• STAUFFERNamed in complaint

Facilities (1)

• IRON MOUNTAIN MINE

  OFF HWY 299 9 MI NW OF, REDDING, CA, 96001

  Registry ID: 110009333140

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104E3 — Entry Access

Timeline (6 milestones)

• 1987-05-01Enforcement Action Data Entered
• 1987-05-15Referred To Headquarters
• 1987-06-10Referred To Dept Of Justice
• 1987-08-17Complaint Filed With Court
• 1988-08-25Concluded
• 1988-08-25Enforcement Action Closed