EPA v. GULF RESOURCES & CHEM/BUNKER HILL/YOSS

Case summary

THIS IS A DIRECT REFERRAL TO DOJ FOR THE ENFORCEMENT OF A CERCLA SECTION 104(E) REQUEST FOR INFORMATION. EPA IS REQUESTING THAT A CIVIL JUDICIAL ACTION BE COMMENCED IN THE U S DISTRICT COURT IN BOISE, ID TO OBTAIN INFORMATION AND DOCUMENTS WHICH HAVE BEEN REFUSED TO BE PROVIDED TO EPA PURSUANT THE AGENCY'S INFORMATION GATHERING AUTHORITIES CONTAINED IN SECTION 104(E) OF CERCLA. EPA HAS PREVIOUSLY ISSUED TWO CERCLA SECTION 104(E) REQUESTS TO GULF RESOURCES & CHEMCIAL CORP FOR INFORMATION PERTAINING TO THE BUNKER HILL SUPERFUND SITE IN NORTHERN IDAHO. BOTH REQUESTS SOUGHT INFORMATION AND DOCUMENTS REFERENCED OR CONTAINED IN PRIOR LITIGATION AGAINST GULF INVOLVING LEAD POISONING ALLEGEDLY CAUSED BY THE RELEASE OF LEAD AND OTHER HEAVY METALS FROM THE BUNKER HILL MINING AND SMELTING FACILITY. EPA SEEKS ACCCESS TO THE SEALED COURT FILE IN YOSS V. THE BUNKER HILL COMPANY ET AL FOR THE USE IN THE AGENCY'S SUPERFUND INVESTIGATION OF GULF'S OPERATION OF THE BUNKER HILL FACILITY DURING WHICH LARGE QUANTITIES OF LEAD EMISSIONS WERE RELEASED INTO THE ENVIRONMENT. GULF HAS REFUSED TO PROVIDE EPA ANY INFORMATION OR MATERIALS CONTAINED IN THE YOSS FILE ON THE BASIS OF THE COURT SEAL. EPA THEREFORE SEEKS TO HAVE THE COURT UNSEAL THE YOSS FILE AND HAS PREPARED IN COORDINATION WITH YOUR OFFICE, A PETITION, MEMORANDUM IN SUPPORT, AND SUPPORTING AFFIDAVITS AND EXHIBITS TO BE FILED IN THE IDAHO DISTRICT COURT. EPA BELIEVES THAT UNDERTAKING THE REQUESTED CIVIL JUDICIAL ACTION IS THE MOST EXPEDITIOUS AND PROPER METHOD OF OBTAINING ACCESS TO THE INFORMATION AND DOCUMENTS WHICH WE HAVE REQUESTED FROM GULF, AS WELL AS PROVIDING EPA UNLIMITED ACCESS TO THE COURT'S YOSS FILE AND RECORD.

Defendants (1)

• GULF RESOURCES & CHEMICAL CORPNamed in complaint

Facilities (1)

• BUNKER HILL MINING CO INC

  834 MCKINLEY AVE, KELLOGG, ID, 83837

  Registry ID: 110005782643

Statutes cited

• CERCLA 104E2 — Information and/or Access

Timeline (6 milestones)

• 1986-11-12Enforcement Action Data Entered
• 1988-07-26Referred To Dept Of Justice
• 1988-07-26Referred TO U.S. Attorney
• 1988-10-13Complaint Filed With Court
• 1994-08-03Concluded
• 1994-08-03Enforcement Action Closed