EPA v. Leviathan AOC with Arco for Removal and Cost Recovery

Case summary

The U.S. Environmental Protection Agency proposed a settlement agreement with Atlantic Richfield Company addressing several issues at the Leviathan Mine Superfund Site, a former sulfur mine in Alpine County, Calif. near the California-Nevada border. The proposed agreement would require seasonal control of acid mine drainage (“AMD”) through the middle of 2013, recovery of certain costs incurred by EPA, and resolution of EPA’s claims that Atlantic Richfield violated an earlier order requiring work at the site. Atlantic Richfield signed the proposed agreement on September 30, 2008, and the U.S. Department of Justice has approved the proposed agreement, subject to public comment. Under the proposed agreement, Atlantic Richfield would be required to: -treat AMD from the CUD and Delta Seep from June 1 through September 30 each year (allowing for a lengthening of the treatment season, depending on weather, by agreement of the parties or by action of the EPA); -treat AMD from the Aspen Seep year-round by use of a biological reactor; -pay $1,758,316 of settled past response costs incurred by EPA; -pay the costs EPA will incur of overseeing future work to be performed by Atlantic Richfield; -pay a civil penalty of $90,000 to resolve EPA’s claims under Section 106(b) of CERCLA related to its failure to comply with an order EPA issued in 2000; and -implement a riparian restoration project at the River Fork Ranch on the Carson River, near Genoa, Nevada, as a Supplemental Environmental Project (“SEP”), with estimated costs of $400,000.

Defendants (1)

• Atlantic Richfield CoNamed in settlement

Facilities (1)

• LEVIATHAN MINE

  LEVIATHAN MINE ROAD, MARKLEEVILLE, CA, 96120

  Registry ID: 110009267471

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Leviathan AOC with Arco for Removal and Cost Recoveryentered 2009-01-21

  Primary law: CERCLA

  Federal penalty: $90,000 · SEP: $400,000

Timeline (2 milestones)

• 2008-12-11Enforcement Action Data Entered
• 2009-01-21Final Order Issued