EPA v. ERICKSON, EINAR

Case summary

IN THIS REFERRAL FOR A CIVIL ACTION UNDER SECTIONS 104 AND 107 OF CERCLA, EPA IS SEEKING THE RECOVERY OF RESPONSE COSTS AND DAMAGES IN CONNECTION WITH AN EMERGENCY RESPONSE ACTION AT THE SILVERADO HEAP LEACH FACILITY IN NEVADA. IN DECEMBER 1987, THE NEVADA DEPARTMENT OF ENVIRONMENTAL PROTECTION (NDEP) REQUESTED EPA ASSISTANCE IN CONNECTION WITH ENVIRONMENTAL HAZARDS AT THE FACILITY, AN OCCASIONALLY ACTIVE HEAP LEACH MILLING OPERATION LOCATED ON PUBLIC LANDS OWNED AND ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT (BLM). THE FACILITY PRESENTED AN IMMEDIATE HAZARD DUE TO THE IMPROPER STORAGE OF POTENTIALLY REACTIVE AND TOXIC SUBSTANCES, AS WELL AS EVIDENCING THE TYPES OF ENVIRONMENTAL PROBLEMS MORE COMMONLY ASSOCIATED WITH THE HEAP LEACH PROCESS. EPA PROMPTLY ISSUED AN ORDER UNDER CERCLA 106 TO THE MILL OWNERS AND OPERATORS TO ABATE AN IMINENT AND SUBSTANTIAL ENDANGERMENT. NONE OF THE RESPONDENTS TO THE ORDER COMPILED, AND IN EARLY FEBRUARY, 1988, EPA REMOVED THE IMPROPERLY STORED HAZARDOUS SUBSTANCES. IN CONDUCTING THIS RESPONSE ACTION AND FOLLOW-UP ACTIVITY, EPA INCURRED APPROXIMATELY $200,000 IN RESPONSE COSTS. THIS ACTION SEEKS RECOVERY OF EPA'S COSTS IN RESPONDING TO THE RELEASE AND THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE, AND TREBLE DAMAGES AND PENALTIES FOR THE RESPONDENTS' FAILURE TO COMPLY WITH THE CERLCA 106 ORDER. PROPOSED DEFENDANTS INCLUDE EINAR ERICKSON (THE HOLDER OF SUBSTANTIALLY ALL OF THE MILL CLAIMS ON WHICH THE FACILITY IS LOCATED), GIOVANNI BELLINI (THE PRINCIPAL OF THE COMPANIES HIRED BY ERICKSON TO CONDUCT OPERATIONS AT THE FACILITY) AND COMPANIES CONTROLLED BY ERICKSON AND/OR BELLINIE, G & S CONSTRUCTION, INC., AMERICAN INTERNATIONAL RESOURCES, INC., AND SILVER INTERNATIONAL, INC. EPA ALSO WISHES TO SEEK RECOVERT OF RESPONSE COSTS FROM THE CURRENT OPERATOR, MERLIN MINING CO. EPA IS ALSO SEEKING PENALTIES AGAINST EINAR ERICKSON FOR HIS FAILURE TO RESPOND TO A CERCLA 104(E) INFO. REQUEST.

Defendants (6)

• AMERICAN INTERNATIONAL RESOURCES, INC.Named in complaint
• BELLINI, GIOVANNI, G., IIINamed in complaint
• ERICKSON, EINARNamed in complaint
• G & S CONSTRUCTION COMPANYNamed in complaint
• MERLIN MINING COMPANY
• SILVER INTERNATIONAL, INC.Named in complaint

Facilities (1)

• SILVERADO HEAP LEACH MILL FACILITY

  20 MI N OF EUREKA T18N R55E S19, EUREKA, NV, 89316

  Registry ID: 110010691260

Statutes cited

• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1987-12-01Enforcement Action Data Entered
• 1991-09-26Referred To Dept Of Justice
• 1992-04-24Complaint Filed With Court
• 1993-11-01Enforcement Action Closed
• 1993-11-01Concluded