EPA v. ASARCO

Case summary

THE SITE IS THE RUSTON/NORTH TACOMA STUDY AREA, ONE OF 7 OPERABLE UNITS OF THE COMMENCEMENT BAY NEARSHORE/TIDEFLATS SUPERFUND SITE. THE STUDY AREA, APPROXIMATELY 950 ACRES, COMPRISES AN ARC OF APPROXIMATELY ONE MILE RADIUS OF RESIDENTIAL AND COMMERCIAL PROPERTIES SURROUNDING THE ASARCO TACOMA SMELTER (ASARCO SMELTER). THE STUDY AREA ENCOMPASSES THE TOWN OF RUSTON AND THE NORTHERN PORTION OF THE CITY OF TACOMA IN THE STATE OF WASHINGTON. EPA HAS FOUND ELEVATED LEVELS OF ARSENIC AND LEAD IN YARD SOILS, ALLEYS, AND UNPAVED STREETS IN THE STUDY AREA AS A RESULT OF EMISSIONS FROM THE FORMER ASARCO SMELTER. THE RD/RA CD PROVIES FINAL SETTLEMENT OF THE OBLIGATIONS OF ASARCO, THE ONLY POTENTIALLY RESPONSIBLE PARTY IDENTIFIED BY EPA FOR THE STUDY AREA. THE CD WOULD SUPERCEDE A UAO ISSUED IN AUGUST 1993 UNDER WHICH ASARCO HAS BEEN IMPLEMENT- ING EPA'S ROD DATED JUNE 1993.

Defendants (1)

• ASARCO, INCNamed in complaintNamed in settlement

Facilities (1)

• ASARCO INC

  RUSTON WAY & N 51ST ST, TACOMA, WA, 98407

  Registry ID: 110008215742

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ASARCOentered 1995-05-02

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-11-01Enforcement Action Data Entered
• 1994-02-10PRN Sent
• 1994-09-27Referred To Dept Of Justice
• 1995-01-01Complaint Filed With Court
• 1995-05-02Final Order Lodged
• 1995-05-02Final Order Entered
• 1995-05-02Concluded
• 2006-05-19Enforcement Action Closed