EPA v. CYPRUS TOHONO CORPORATION

Case summary

CYPRUS VIOLATED SECTION 103(A) OF CERCLA. SECTION 103(A), IN RELEVANT PART, REQUIRES THAT FACILITIES IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER (NRC) OF ANY RELEASE OF A REPORTABLE QUANTITY OF A CERCLA HAZARDOUS SUBSTANCE. CYPRUS FAILED TO IMMEDIATELY NOTIFY THE NRC, AS REQUIRED BY CERCLA, AFTER A 110,000 POUND RELEASE OF SULFURIC ACID IN 1992. CYPRUS OPERATES A COPPER MINING OPERATION ON LEASED LAND WITHIN THE SIF OIDAK DISTRICT OF THE TOHONO O'ODHAM NATION, IN PINAL COUNTY, ARIZONA. ON SEPTEMBER 2, 1992, CYPRUS EMPLOYEES DISCOVERED THAT A CYPRUS PIPELINE HAD RUPTURED AND RELEASED SULFURIC ACID LEACHATE SOLUTION INTO A SMALL ARROYO (DRY WASH), SEVERELY DAMAGING THE SURROUNDING VEGETATION. CYPRUS REPAIRED THE PIPELINE AND DID NOT REPORT THE RELEASE TO ANY RESPONSE AUTHORITIES.

Defendants (1)

• CYPRUS TOHONO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CYPRUS TOHONO COPPER MINE

  SIF OILDALE DISTRICT, TOHONO O'ODHAM NATION, CASA GRANDE, AZ, 852305009

  Registry ID: 110008254584

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• CYPRUS TOHONO CORP.entered 2000-04-13

  Primary law: CERCLA

  Federal penalty: $100,000

Timeline (7 milestones)

• 1996-11-02Enforcement Action Data Entered
• 1996-12-24Referred To Dept Of Justice
• 2000-04-13Final Order Lodged
• 2000-04-13Final Order Entered
• 2000-04-13Complaint Filed With Court
• 2000-04-13Concluded
• 2000-06-19Enforcement Action Closed