EPA v. SANTA FE PACIFIC CORPORATION

Case summary

JOHNS-MANVILLE COALINGA SUPERFUND SITE: THE ROD FOR THE JM MILL AREA OPERABLE UNIT WAS ISSUED ON SEPTEMBER 21, 1990. THE REMEDY FOR THIS ABANDONED ASBESTOS MILL CONSISTS OF ACCESS RESTRICTION, STREAM DIVERSION AROUND THE MILL, SEDIMENT TRAPPING BELOW THE MILL, A PILOT REVEGETATION PROJECT, ROAD MAINTENANCE AND DEED RESTRICTIONS. THE ESTIMATED COST OF THE SELECTED REMEDY IS $1.9 MILLION. THE RIFS WAS PERFORMED BY SANTA FE PACIFIC REALTY COMPANY, THE OWNER OF THE PROPERTY ON WHICH THE OPERABLE UNIT IS LOCATED. AT ONE OTHER OPERABLE UNIT (WHICH IS ALSO CONSIDERED AN OPERABLE UNIT OF THE ATLAS MINE SITE), THE CITY OF COALINGA OPERABLE UNIT, A REMEDY SELECTED IN JULY OF 1989 IS BEING IMPLEMENTED BY SOUTHERN PACIFIC RAILROAD COMPANY PURSUANT TO A CONSENT DECREE ENTERED BY THE COURT IN OCTOBER 1989. ONLY ONE OTHER POTENTIAL OPERABLE UNIT REMAINS. THIS IS THE PONDING BASIN DOWNSTREAM FROM THE JM MILL AREA OPERABLE UNIT. IT IS ALSO CONSIDERED A PART OF THE ATLAS MINE SITE. IN EPA'S SEPT. 1990 ROD FOR THE JM MILL AREA, EPA ANNOUNCED THAT IT WILL DEFER TAKING ANY ACTION IN THIS AREA OF THE SITE BECAUSE OF ACTIONS BEING CONSIDERED BY THE U.S. BUREAU OF RECLAMATION AND THE CALIFORNIA DEPARTMENT OF WATER RESOURCES WHICH MAY ADDRESS EPA'S CONCERNS. EPA WILL REVIEW THIS SITUATION IN 1992 AND ISSUE A PUBLIC NOTICE CONCERNING ITS PROPOSED DECISION ON THIS AREA OF THE SITE. SPECIAL NOTICE WAS ISSUED TO A TOTAL OF 7 PRPS FOR THE JM MILL AREA OU, SANTA FE PACIFIC CORPORATION, CATELLUS DEVELOPMENT CORPORATION, TENNECO, INC., TENNECO WEST, INC., MARMAC, INC., OCEANIC COMMUNITIES, INC., AND MANVILLE SALES CORPORATION ON JANUARY 30, FEBRUARY 1 (TENNECO) AND FEBRUARY 21 (TENNECO WEST). EPA HAS SPENT OVER $4 MILLION ON EXTREMELY FLAWED STUDIES OF THE ATLAS AND JM/COALINGA SITES. OVER 1.7 MILLION HAS BEEN BILLED TO THE JM MILL AREA OU. PROBLEMS WITH THE QUALITY OF THIS WORK AND AN EQUITABLE ALLOCATION BETWEEN THE TWO SITES MAY MAKE THIS A POTENTIAL PROBLEM IN NEGOT. HOWEVER, BOTH MCGOVERN AND EPA HQ (OGC AND OE) ARE AWARE OF THE WEAKNESS OF OUR CASE THAT AN ENDANGERMENT EXISTS DOWNSTREAM OF THIS SITE. AS A RESULT, THEY HAVE AGREED THAT THEY WILL BE MORE FLEXIBLE THAN USUAL ON COST RECOVERY, IN ORDER TO OBTAIN SANTA FE'S AGREEMENT TO PEFORM THE REMEDY. BILLED TO THE JM MILL ARE OU. PROBLEMS WITH THE QUALITY OF THIS WORK AND AN EQUITABLE ALLOCATION BETWEEN THE TWO SITES MAY MAKE THIS A POTENTIAL PROBLEM IN NEGOT. HOWEVER, BOTH MCGOVERN AND EPA HQ (OGC AND OE) ARE AWARE OF THE WEAKNESS OF OUR CASE THAT AN ENDANGERMENT EXISTS

Defendants (8)

• ASBURY TRANSPORATION COMPANY
• CATELLUS DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• GERAN TRUCKING COMPANY
• MANVILLE SALES CORPORATION
• MARMAC RESOURCES
• OCEANIC COMMUNITIES INC.
• PINE CANYON LAND COMPANYNamed in complaintNamed in settlement
• SANTA FE PACIFIC CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• COALINGA ASBESTOS MINE

  PINE CYN 15 MI NW OF, COALINGA, CA, 93210

  Registry ID: 110009267881

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SANTA FE PACIFIC CORPORATIONentered 1992-08-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-09-21Enforcement Action Data Entered
• 1990-12-13PRN Sent
• 1991-09-05Referred To Dept Of Justice
• 1992-05-28Complaint Filed With Court
• 1992-08-13Final Order Lodged
• 1992-08-13Final Order Entered
• 1992-08-13Concluded