EPA v. ATLAS CORPORATION

Case summary

THE ATLAS ASBESTOS MINE SITE ( ATLAS MINE SITE ) INCLUDES FOUR GEOGRAPHICALLY DISTINCT AREAS: I) THE MINE AREA ( ATLAS MINE OU ); II) THE PONDING BASIN OF THE CALIFORNIA ADQUEDUCT NEAR GALE AVENUE ( THE PONDING BASIN ); III) THE CLEAR CREEK MANAGEMENT AREA ( CCMA ); AND IV) THE CITY OF COALINGA OPERABLE UNIT. THE PONDING BASIN AND THE CITY OF COALINGA OU ARE ALSO AREAS OF THE JOHNS-MANVILLE COALINGA SITE. ENFORCEMENT EFFORTS REGARDING THE CITY OF COALINGA OPERABLE UNIT HAVE RESULTED IN A CONSENT DECREE WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY UNDER WHICH A CLEAN UP IS CURRENTLY BEING PERFORMED. THE ATLAS MINE OU IS AN APPROXIMATELY 1.8 SQUARE KILOMETER (450 ACRE) TRACT OF LAND LOCATED IN THE SOUTHERN DIABLO MOUNTAINS IN WESTERN FRESNO COUNTY, CALIFORNIA ON LAND OWNED WITHIN THE NEW IDRIA FORMATION, A DIAPIRIC SERPENTINE PLUG CONTAINING NATURALLY OCCURRING CHRYSOTILE ASBESTOS. THE NEAREST POPULATION CENTER IS COALINGA (POP. 8250) LOCATED APPROX. 29K (18 MI.) TO THE SOUTHEAST. THE ATLAS MINE OU INCLUDES THREE OPEN PIT ASBESTOS MINE SURFACES, STOCKPILES OF ASBESTOS WASTE MATERIAL, AN ABANDONED MILL BLDG., SETTLEMENT PONDS AND DEBRIS. IT IS DRAINED BY A NUMBER OF INTERMITTENT STREAMS. THE AREAS ADJACENT TO THE ATLAS MINE OU ARE RURAL. LAND USES INCLUDE MINING, RANCHING, FARMING AND RECREATION (CAMPING, HUNTING, HIKING, MINERAL COLLECTING AND RIDING OFF-HIGHWAY VEHICLES). FIVE PRPS HAVE PREVIOUSLY BEEN IDENTIFIED FOR THE ATLAS MINE OU, ATLAS, VINNELL, WHEELER PROPERTIES, CMC AND BLM. GENERAL NOTICE LETTERS WERE SENT TO THE PRPS ON OCTOBER 13, 1987 AND JUNE 23, 1988. EPA CONDUCTED THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) REPORT AND RELEASED IT, ALONG WITH THE PROPOSED PLAN FOR THE ATLAS MINE OU, FOR PUBLIC COMMENT ON APRIL 11, 1990. A ROD WAS ISSUED ON FEBRUARY 14, 1991.

Defendants (3)

• VINNELL MINING AND MINERAL CORPORATIONNamed in complaintNamed in settlement
• ATLAS CORPORATIONNamed in complaintNamed in settlement
• U.S. BUREAU OF LAND MGMT (DEPT. OF INT.)

Facilities (1)

• ATLAS ASBESTOS MINE

  LOS GATOS CREEK RD NW OF FRESNO, COALINGA, CA, 93210

  Registry ID: 110009333104

Statutes cited

• CERCLA 122 — Superfund

Enforcement conclusions (1)

• ATLAS CORPORATIONentered 1992-08-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-05-11Enforcement Action Data Entered
• 1991-02-12PRN Sent
• 1992-02-26Referred To Dept Of Justice
• 1992-05-28Complaint Filed With Court
• 1992-08-13Final Order Lodged
• 1992-08-13Final Order Entered
• 1992-08-13Concluded