EPA v. CASMALIA RESOURCES

Case summary

THIS ACTION SEEKS COST RECOVERY AND DECLARATORY RELIEF FOR FUTURE REMEDIAL ACTION AND/OR OPERATION AND MAINTENANCE AT THE CASAMLIA RESOURCES FORMER CLASS I DISPOSAL SITE. THE PROPOSED DEFENDANTS ARE: KENNETH H. HUNTER JR., A CURRENT AND PAST OPERATOR OF THE SITE IN HIS INDIVIDUAL CAPACITY, AND AS THE GENERAL PARTNER OF HUNTER RESOURCES AND ITS PREDECESSORS; HUNTER RESOURCES, A CALIFORNIA CORPORATION, AND THE CURRENT AND PAST OPERATOR OF THE SITE; AND CASMALIA RESOURCES, A LIMITED PARTNERSHIP, AND THE CURRENT AND PAST OWNER OF THE SITE. HUNTER RESOURCES IS ALSO A GENERATOR AT THE SITE. ON AUGUST 28, 1991, DOJ FILED A COMPLAINT AGAINST THESE ENTITIES FOR RCRA PENALTIES AND INJUNCTIVE RELIEF AT THE SITE FOR NUMEROUS RCRA VIOLATIONS. THAT CASE WAS PLACED ON INACTIVE STATUS AND ULTIMATELY DISMISSED IN FAVOR OF THIS COST RECOVERY ACTION. THE FACILITY IS NO LONGER OPERATING AND ESSENTIALLY HAS BECOME AN ABANDONED SITE. EPA COMMENCED REMOVAL ACTION TO CONTAIN NUMEROUS ON-SITE WASTE IN 1992, AND IN 1997 ENTERED INTO A CONSENT DECREE WITH APPROXIMATELY SIXTY GENERATORS AT THE SITE TO CONTINUE EPA'S REMOVAL ACTIONS AND TO COMMENCE RI/FS AND EE/CA INVESTIGATIONS. THE COST RECOVERY ACTION AGAINST THE OWNERS AND OPERATORS OF THE SITE IS AN IMPORTANT FACET OF EPA'S OVERALL COST RECOVERY AND FUNDING STRATEGY AT THE SITE, WHERE CLEANUP IS ULTIMATELY ESTIMATED TO COST APPROXIMATELY $ 100 MILLION. EPA WILL ALSO BE PURSUING COST RECOVERY VIA CASHOUT WITH APPROXIMATELY 10,000 GENERATORS WHO CONTRIBUTED WASTE TO THE SITE.

Defendants (3)

• HUNTER RESOURCESNamed in complaintNamed in settlement
• HUNTER, KENNETH H., JR.Named in complaintNamed in settlement
• CASMALIA RESOURCESNamed in complaintNamed in settlement

Facilities (1)

• CASMALIA RESOURCES

  NTU RD-539 SAN YSIDRO RD, CASMALIA, CA, 93429

  Registry ID: 110009267532

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Casmalia Resources (Hunter) - Consent Decreeentered 2002-11-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-07-29Referred To Headquarters
• 1997-07-29Referred To Dept Of Justice
• 1997-09-04Referred TO U.S. Attorney
• 1997-09-11Enforcement Action Data Entered
• 1997-12-23Complaint Filed With Court
• 2001-02-26Final Order Lodged
• 2002-11-26Final Order Entered