EPA v. Gila River Cost Recovery for 2005 Removal

Case summary

By this referral, the Environmental Protection Agency, Region IX (EPA) recommends that the Department of Justice (DOJ) initiate a civil enforcement action to recover approximately $1 million in past response costs incurred by EPA in 2004 and 2005 at the Gila River Indian Reservation Removal Site, also referred to as the Gila River Boundary Site (Site), in Maricopa County, Arizona. EPA seeks cost recovery from John M. Williams, Jr., who is liable as a prior owner/operator and arranger under Sections 107(a)(2)-(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). See 42 U.S.C. § 9607(a). EPA also seeks recovery from the Salt River Project Agricultural Improvement and Power District, the Arizona Public Service Company, El Paso Electric Company, and Public Service Company of New Mexico, who are liable as current owners/operators under Section 107(a)(1) of CERCLA and possibly as prior owners/operators under Section 107(a)(2) of CERCLA.

Defendants (5)

• Public Service Company of New MexicoNamed in complaintNamed in settlement
• El Paso Electric CompanyNamed in complaintNamed in settlement
• Arizona Public Service CompanyNamed in complaintNamed in settlement
• Salt River Project Agri. Improvement and Pwr DistNamed in complaintNamed in settlement
• Williams, John M. Jr.Named in complaintNamed in settlement

Facilities (2)

• GILA RIVER INDIAN RESERVATION

  MARICOPA COUNTY, MARICOPA, AZ, 85239

  Registry ID: 110071101243

• GILA RIVER INDIAN RESERVATION

  MARICOPA COUNTY, MARICOPA, AZ, 85239

  Registry ID: 110017350463

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Gila River Cost Recovery for 2005 Removalentered 2011-06-30

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-05-14Referred To Dept Of Justice
• 2008-05-16Enforcement Action Data Entered
• 2011-04-07Complaint Filed With Court
• 2011-04-08Final Order Lodged
• 2011-06-30Final Order Entered