EPA v. HECLA MINING CO

Case summary

THIS IS AN EXPEDITED LITIGATION REFERRAL, MOTION IN OPPOSITION OF HECLA MINING COMPANY'S PETITION TO PERPETUATE TESTIMONY OF ANGUS BETHUNE AND LES RANDALL. HECLA MINING COMPANY FILED A PETITION 3/8/91 TO PERPETUATE THE TESTIMONY OF TWO FORMER EMPLOYEES WITH KNOWLEDGE OF THE NUMBER HILL ZINC PLANT AT THE BUNKER HILL SUPERFUND SITE. EPA OPPOSED THE PETITION AND PROPOSED ORDER BECAUSE IT SEEKS TO LIMIT THE DEPOSITION TESTIMONY SOLELY TO 'THE ISSUE OF THE IDENTITY OF THE OWNERS AND OPERATORS OF THE ZINC PLANT AT THE BUNKER HILL SUPERFUND SITE.' WE BELIEVE THAT TESTIMONY SHOULD NOT BE LIMITED TO THIS NARROW ISSUE AND SEEK AN ORDER FROM THE COURT ALLOWING EPA TO TAKE TESTIMONY REGARDING ALL ASPECTS OF THE OWNERSHIP AND OPERATION OF THE BUNKER HILL MINING AND SMELTING FACILITY, INCLUDING INFORMATION PERTAINING TO THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AND LIABILITY FOR SUCH RELEASES. HECLA HAS POTENTIAL LIABILITY FOR ITS GENERATION AND RELEASE OF HAZARDOUS SUBSTANCE (MINE TAILINGS) INTO THE COEUR D'ALENE RIVER UPSTREAM OF THE SITE WHICH HAVE COME TO BE LOCATED IN THE RESIDENTIAL AND NON-RESIDENTIAL AREAS OF THE SITE.

Defendants (1)

• HECLA MINING CONamed in complaint

Facilities (2)

• STAR PHEONIX

  OLD STAR MINE STATE HWY 4, BURKE, ID, 83807

  Registry ID: 110067174097

• STAR PHEONIX

  OLD STAR MINE STATE HWY 4, BURKE, ID, 83807

  Registry ID: 110067174097

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (5 milestones)

• 1991-03-29Referred To Dept Of Justice
• 1991-04-01Complaint Filed With Court
• 1991-04-03Enforcement Action Data Entered
• 1991-05-01Concluded
• 1991-05-01Enforcement Action Closed