EPA v. BH - UPSTREAM MINING COMPANIES RD/RA CD

Case summary

THE BUNKER HILL SUPERFUND SITE IS A TWENTY-ONE SQUARE MILE AREA IN NORTHERN IDAHO. THE SITE INCLUDES THE INACTIVE BUNKER HILL MINING AND METALLURGICAL COMPLEX AND THE CITIES OF KELLOGG, PINEHURST, SMELTERVILLE, AND WARDNER WITH A TOTAL POPULATION OF APPROXIMATELY 5000. THIS SITE HAS WIDESPREAD CONTAMINATION FROM MINE TAILINGS, EMISSIONS FROM THE SMELTER COMPLEX OPERATIONS, AND BLOWING DUST FROM TAILINGS PILES AND OTHER BARE AREAS. THIS RD/RA CONSENT DECREE PROVIDES FINAL SETTLEMENT OF THE OBLIGATIONS OF ONE GROUP OF POTENTIALLY RESPONSIBLE PARTIES (PRPS) FOR THE SITE. THIS GROUP ( THE UPSTREAM MINING COMPANIES ), INCLUDES HECLA MINING COMPANY, ASARCO INCORPORATED, SUNSHINE MINING COMPANY, SUNSHINE PRECIOUS METALS, COEUR D'ALENE MINING CORPORATION AND CALLAHAN MINING CORPORATION. THESE AND OTHER UPSTREAM MINING COMPANIES CONTRIBUTED TAILINGS TO THE SOUTH FORK OF THE COEUR D'ALENE RIVER WHICH HAVE COME TO BE LOCATED THROUGHOUT THE VALLEY FLOOR WITHIN THE SITE. THE SETTLEMENT REQUIRES THE UPSTREAM MINING COMPANIES TO: 1) REMEDIATE ALL CONTAMINATED RESIDENTIAL YARDS, COMMERCIAL PROPERTIES, AND RIGHTS-OF-WAY LOCATED WITHIN THE RESIDENTIAL AREAS OF THE SITE, 2) CLOSE ALL CONTAMINATED WELLS WITHIN THE RESIDENTIAL AREAS AND, IF NECESSARY, ATTACH USERS TO A MUNICIPAL WATER SYSTEM, 3) CLOSE THE PAGE PONDS TAILINGS IMPOUNDMENT AND REMEDIATE THE WETLANDS ADJACENT TO THE IMPOUNDMENT, 4) FUND THE IMPLEMENTATION OF AN INSTITUTIONAL CONTROLS PROGRAM TO PROTECT THE REMEDIAL ACTIONS IN THE RESIDENTIAL AREAS, 5) PROVIDE ONE MILLION ($1,000,000.00) IN CASH TO SUPPORT RESIDENTIAL INTERIOR REMEDIATION AND THE BLOOD LEAD SCREENING PORTION OF THE HEALTH INTERVENTION PROGRAM, 6) PAY ALL FEDERAL AND STATE OVERSIGHT COSTS ASSOCIATED WITH THE WORK IN THE RESIDENTIAL AREAS AND PAGE PONDS, AND 7) REIMBURSE THE GOVERNMENT UP TO EIGHT MILLION ($8,000,000.00) IN PAST COSTS ASSOCIATED WITH THE RESIDENTIAL AREAS THROUGH A PERCENTAGE OF INSURANCE RECOVERIES. IN EXCHANGE FOR THESE ACTIVITIES, THESE COMPANIES WILL BE RELEASED FROM LIABILITY FOR THE SMELTER AREA AND THE SMELTERVILLE FLATS AREA OF THE SITE. WITH RESPECT TO THE RESIDENTIAL AREAS, THE SETTLING DEFENDANTS WILL OBTAIN A COVENANT NOT TO SUE UPON CERTIFICATION OF COMPLETION OF THE WORK IN A PARTICULAR COMMUNITY.

Defendants (6)

• SUNSHINE PRECIOUS METALSNamed in complaintNamed in settlement
• ASARCO INCORPORATEDNamed in complaintNamed in settlement
• CALLAHAN MINING COMPANYNamed in complaintNamed in settlement
• COEUR D'ALENE MINING CORPORATIONNamed in complaintNamed in settlement
• HECLA MINING COMPANYNamed in complaintNamed in settlement
• SUNSHINE MINING COMPANYNamed in complaintNamed in settlement

Facilities (2)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

• BUNKER HILL MINING CO INC

  834 MCKINLEY AVE, KELLOGG, ID, 83837

  Registry ID: 110005782643

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BH - UPSTREAM MINING COMPANIES RD/RA CDentered 1994-11-17

  Primary law: CERCLA

Timeline (6 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1994-03-02Referred To Dept Of Justice
• 1994-05-10Complaint Filed With Court
• 1994-11-17Final Order Lodged
• 1994-11-17Final Order Entered
• 1994-11-17Concluded