EPA v. IRON MOUNTAIN MINES, INC.

Case summary

IN THIS ACTION UNDER SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. 9607 AND 28 U.S.C. 2201, THE ENVIRONMENTAL PROTECTION AGENCY ( EPA ) IS SEEKING A JUDGMENT FOR PAST AND FUTURE RESPONSE COSTS AT THE IRON MOUNTAIN MINE NATIONAL PRIORITIES LIST SITE ( IMM OR THE SITE ) AGAINST THE CURRENT OWNERS AND THE SUCCESSOR TO THE FORMER OWNERS AND OPERATORS OF THE MINE. EPA EXPECTS THE DEFENDANTS WILL BE ABLE TO SATISFY THE JUDGMENT IN FULL. IRON MOUNTAIN MINE IS A LARGE SUPERFUND SITE NEAR REDDING, CALIFORNIA. IRON MOUNTAIN MINE WAS PLACED ON THE NATIONAL PRIORITIES LIST BECAUSE OF THE METAL-LADEN ACID MINE DRAINAGE WHICH FLOWS FROM ABANDONED MINE WORKINGS INTO THE SACRAMENTO RIVER, A MAJOR FISHERY AND SOURCE OF DRINKING WATER FOR REDDING. THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( NOAA ) HAS IDENTIFIED THE AFFECTED AREA AS THE MOST IMPORTANT SALMON HABITAT IN THE STATE. FROM THE LATE NINETEENTH CENTURY UNTIL 1963, MOUNTAIN COPPER COMPANY, LTD., A BRITISH CORPORATION, MINED THE MOUNTAIN FOR IRON AND OTHER METAL-BEARING ORES. THE ACID MINE DRAINAGE RESULTING FROM MOUNTAIN COPPER'S MINING ACTIVITIES FLOWS INTO THE SACRAMENTO RIVER JUST UPSTREAM OF THE KESWICK DAM, BUILT BY THE UNITED STATES BUREAU OF RECLAMATION ( USBR ). THE CONSTRUCTION OF KESWICK AND SHASTA DAMS HAS ALTERED THE FLOW REGIME IN THE RIVER AND HAS PREVENTED SPAWNING FISH FROM MOVING FURTHER UPSTREAM, PAST THE ACID MIND DRAINAGE. AS A CONSEQUENCE, THE METAL- BEARING ACID MINE DRAINAGE RELEASES ARE CONCENTRATED IN AN ECOLOGICALLY SENSITIVE LOCATION. SUBSEQUENT TO THE PERIOD OF MINING ACTIVITY AT THE SITE, STAUFFER CHEMICAL COMPANY ( STAUFFER ) ACQUIRED ALL OF THE SHARES OF MOUNTAIN COPPER COMPANY, LTD. AND TRANSFERRED OWNERSHIP OF THE MINE PROPERTY FROM ITS NOW WHOLLY OWNED SUBSIDIARY TO THE PARENT CORPORATION, STAUFFER. STAUFFER LATER SOLD THE PROPERTY TO AN ENTITY CONTROLLED BY T.W. ARMAN, THE CURRENT PRESIDENT OF IRON MOUNTAIN MINES, INC. ( IMMI ), THE CURRENT OWNER OF THE MINE PROPERTY. EPA PROPOSES NAMING T.W. ARMAN AND IMMI AS WELL AS THE SUCCESSOR CORPORATION TO STAUFFER, RHONE-POULENC BASIC CHEMICALS CO., (RHONE-POULENC ) AS DEFENDANTS. EPA HAS INCURRED AND CONTINUES TO INCUR SUBSTANTIAL RESPONSE COSTS AS A RESULT OF SUPERFUND RESPONSE ACTIONS AT THE SITE. PAST COSTS AT THE SITE APPROACH $10 MILLION AND THE ULTIMATE COSTS OF CLEANUP MAY EXCEED $100 MILLION. MOST OF EPA'S RESPONSE COSTS TO DATE HAVE BEEN INCURRED IN DEVELOPING A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) AND IN IMPLEMENTING REMEDIAL ACTIONS SELECTED IN A RECORD OF DECISION SIGNED OCTOBER 3, 1986. EPA HAS ALSO CONDUCTED REMOVAL ACTIONS AT THE SITE. SOME RESPONSE ACTIVITIES HAVE BEEN CONDUCTED BY RESPONSIBLE PARTIES PURSUANT TO ORDERS UNDER CERCLA 106; 42 U.S.C. 9606. IT IS EXPECTED THAT RESPONSE ACTIVITIES WILL CONTINUE FOR SEVERAL DECADES.

Defendants (5)

• ARMAN, T.W.Named in complaintNamed in settlement
• AVENTIS CROP SCIENCES, INC.Named in settlement
• IRON MOUNTAIN MINES, INC.Named in complaintNamed in settlement
• RHONE-POULENC BASIC CHEMICALS CO.Named in complaint
• STAUFFER MANAGEMENT COMPANY, INC.Named in settlement

Facilities (1)

• IRON MOUNTAIN MINE

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

  Registry ID: 110009333140

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• IRON MOUNTAIN SITE (SETTLEMENT #1)entered 2000-12-08

  Primary law: CERCLA

• IRON MOUNTAIN MINES, INC.(Settlement #2)entered 2010-12-15

  Primary law: CERCLA

Timeline (5 milestones)

• 1987-09-01Enforcement Action Data Entered
• 1990-07-30Referred To Dept Of Justice
• 1991-06-06Complaint Filed With Court
• 2010-12-15Final Order Lodged
• 2010-12-15Final Order Entered