EPA v. BUNKER LIMITED PARTNERSHIP

Case summary

THIS DIRECT REFERRAL TO DOJ IS FOR THE FILING OF A CIVIL ACTION TO ENFORCE A CERCLA SECTION 104E REQUEST FOR INFORMATION ISSUED TO THE BUNKER LIMITED PARTNERSHIP, A PRP AT THE BUNKER FILL SUPERFUND SITE LOCATED IN KELLOGG, ID. EPA REGION 10 IS SEEKING TO COMPEL COMPLETE RESPONSES AND ALL RELEVANT DOCUMENTS SOUGHT BY EPA'S 10/18/88 REQUEST FOR INFORMATION ISSUED TO BUNKER LIMITED PARTNERSHIP, AND FOR PENALTIES FOR THE ONE YEAR DELAY IN RESPONDING TO EPA'S REQUEST. EPA REQUESTS THAT A CIVIL JUDICIAL ACTION BE COMMENCED IN THE U.S. DISTRICT COURT IN BOISE, ID TO OBTAIN THE INFORMATION AND DOCUMENTS SOUGHT BY EPA AND FOR APPROPRIATE PENALTIES. BUNKER LIMITED PARTNERSHIP IS THE CURRENT OWNER AND OPERATOR OF THE BUNKER HILL MINING AND METALLURGICAL COMPLEX IN NORTHERN IDAHO. THE BUNKER HILL MINING COMPLEX IS LOCATED WITHIN THE 21 SQUARE MILE BUNKER HILL SUPERFUND SITE. AT THE TIME OF THIS REFERRAL, BUNKER LIMITED HAS STILL NOT COMPLETELY RESPONDED TO EPA'S REQUEST, DESPITE THEIR ATTORNEY'S ASSURANCES THAT THE REQUESTED DOCUMENTS WERE BEING ASSEMBLED. THIS CASE RAISES A NATIONALLY SIGNIFICANT LEGAL ISSUE IN THAT BLP IS EXPECTED TO ARGUE THAT EPA'S CONFIDENTIAL BUSINESS INFORMATION (CBI) REGULATIONS ARE INADEQUATE PROTECTION FOR DOCUMENTS PRODUCED IN RESPONSE TO A SECTION 104E REQUEST.

Defendants (1)

• BUNKER LIMITED PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• BUNKER HILL MINING CO INC

  834 MCKINLEY AVE, KELLOGG, ID, 83837

  Registry ID: 110005782643

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• BUNKER LIMITED PARTNERSHIPentered 1993-07-13

  Primary law: CERCLA

  Federal penalty: $202,000

Timeline (7 milestones)

• 1988-08-01Enforcement Action Data Entered
• 1990-02-01Referred To Dept Of Justice
• 1990-05-02Complaint Filed With Court
• 1993-07-13Final Order Lodged
• 1993-07-13Final Order Entered
• 1993-07-13Concluded
• 1995-03-08Enforcement Action Closed