EPA v. KENNECOTT CORPORATION/ WHITE PINE COUNTY OF

Case summary

IN DECEMBER, 1985, KENNECOTT DONATED TO THE COUNTY A BUILDING IN RUTH, NEVADA KNOWN AS THE KENNECOTT HEATING PLANT BUILDING WITH LARGE ASBESTOS-COVERED BOILERS, AS WELL AS ASSOCIATED PIPES AND DUCTS. AS AN EXPRESS CONDI- TION OF THE DONATION, THE COUNTY WAS TO REMOVE THE BUILDING AND THE BOILERS FROM THE LAND WHICH REMAINED UNDER KENNECOTT OWNERSHIP. THE COUNTY AUTHORIZED THE DEMOLITION OF THE BUILDING AND REMOVAL OF THE BOILERS, THE DEMOLITION, IN LATE JANUARY, 1987, WAS UNDERTAKEN WITHOUT NOTICE TO EPA OR THE LOCAL DELEGATED AGENCY; WITHOUT PRIOR REMOVAL OF THE ASBESTOS MATERIALS; AND WITHOUT PROPER WASTE DISPOSAL OF THE ASBESTOS MATERIALS. AS A RESULT, THE ASBESTOS MATERIALS WERE BROKEN UP AND CRUSHED, CAUSING A WIDESPREAD CONTAMINATION OF THE AREA. ON FEBRUARY 19, 1987, MR. SCHISLER, A CITIZEN, CONTACTED EPA REGION IX ABOUT ASBESTOS DEBRIS AT THE SITE. ON EPA INSPECTION ON MARCH 21, 1987 VERIFIED THE PRESENCE OF ASBESTOS MATERIAL IN THE DEMOLITION DEBRIS. ONCE NOTIFIED BY EPA, THE COUNTY HAD THE SITE PROPERLY CLEANED UP IN MID-APRIL BY A QUALIFIED ASBESTOS CONTRACTOR.

Defendants (2)

• KENNECOTT CORPORATIONNamed in complaintNamed in settlement
• WHITE PINE COUNTY OFNamed in complaintNamed in settlement

Facilities (1)

• KENNECOTT HEATING PLANT BLDG

  NE CORNER OF SUNSHINE & MAIN, RUTH, NV, 89319

  Registry ID: 110010595551

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• KENNECOTT CORPORATIONentered 1989-06-20

  Primary law: CAA

  Federal penalty: $40,720

Timeline (8 milestones)

• 1987-03-12Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-01-07Referred TO U.S. Attorney
• 1988-01-25Complaint Filed With Court
• 1989-06-20Final Order Lodged
• 1989-06-20Final Order Entered
• 1989-06-20Concluded
• 1991-06-30Enforcement Action Closed