UNITED STATES DISTRICT COURT F OR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION UNITED STATES OF AMERICA Plaintiff, ) COMPLAINT v . ) Case No. 4:18-cv-1695 NL INDUSTRIES, INC., ) Defendant. ) The United States of America, by the authority of the Attorney General of the United S tates, acting at the request of the Administrator of the United States Environmental Protection Agency ("EPA"), files this complaint and allege as follows: NATURE OF THE ACTIO This is a civil action brought against NL Industries, Inc. ("NL" or "Defendant") pursuant to Sections 106, 107(a), and 113(g) of the Comprehensive Environmental Response, C ompensation, and Liability Act, 42 U.S.C. §§ 9606, 9607(a), and 9613(g), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), regarding Operable Unit 1 (OU-1) of the Big River Mine Tailings Superfund Site in St. Francois County, Missouri ( "Site"). Plaintiff seeks the recovery of its unreimbursed response costs incurred, and to be incurred, and the performance of response actions by the Defendant consistent with the National Contingency Plan, 40 C.F.R. Part 300 ("NCP"). The United States also seeks a declaratory j udgment pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. §9613(g)(2), holding the Defendant liable for all future response costs that will be binding in any subsequent action or a ctions to recover further response costs incurred by the United States at or in connection with OU-1 of the Site. Case: 4:18-cv-01695-JCH Doc. #: 1 Filed: 10/04/18 Page: 1 of 12 PageID #: 1
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UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION
UNITED STATES OF AMERICA
Plaintiff, ) COMPLAINTv. )
Case No. 4:18-cv-1695NL INDUSTRIES, INC., )
Defendant. )
The United States of America, by the authority of the Attorney General of the United
States, acting at the request of the Administrator of the United States Environmental Protection
Agency ("EPA"), files this complaint and allege as follows:
NATURE OF THE ACTIO
This is a civil action brought against NL Industries, Inc. ("NL" or "Defendant")
pursuant to Sections 106, 107(a), and 113(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §§ 9606, 9607(a), and 9613(g), as amended by the
Superfund Amendments and Reauthorization Act of 1986 ("CERCLA"), regarding Operable
Unit 1 (OU-1) of the Big River Mine Tailings Superfund Site in St. Francois County, Missouri
("Site"). Plaintiff seeks the recovery of its unreimbursed response costs incurred, and to be
incurred, and the performance of response actions by the Defendant consistent with the National
Contingency Plan, 40 C.F.R. Part 300 ("NCP"). The United States also seeks a declaratory
judgment pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. §9613(g)(2), holding the
Defendant liable for all future response costs that will be binding in any subsequent action or
actions to recover further response costs incurred by the United States at or in connection with
2. This Court has jurisdiction over the subject matter of this action and over the
Defendant under 28 U.S.C. §§ 1331, 1345, and 1367, and Section 113(b) of CERCLA, 42 U.S.C.
§ 9613 (b).
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and
Section 113(b) of CERCLA, 42 U.S.C. § 9613(b), because the relevant releases or threatened
releases of hazardous substances occurred within this district.
STATUTORY FRAMEWORK
4. CERCLA was enacted in 1980 to provide a comprehensive governmental
mechanism for abating releases and threatened releases of hazardous substances and other
pollutants and contaminants and for funding the costs of such abatement and related enforcement
activities, which are known as "response actions." 42 U.S.C. §§ 9604(a); 9601(25).
5. Under Section 104(a)(1) of CERCLA, 42 U.S.C. § 9604(a)(1):
Whenever (A) any hazardous substance is released or there is asubstantial threat of such a release into the environment, or (B)there is a release or substantial threat of release into theenvironment of any pollutant or contaminant which may present animminent and substantial danger to the public health or welfare,the President is authorized to act, consistent with the nationalcontingency plan, to remove or arrange for the removal of, andprovide for remedial action relating to such hazardous substance,pollutant, or contaminant at any time (including its removal fromany contaminated natural resource), or take any other responsemeasure consistent with the national contingency plan which thePresident deems necessary to protect the public health or welfareor the environment. When the President determines that suchaction will be done properly and promptly by the owner oroperator of the facility or vessel or by any other responsible party,the President may allow such person to carry out the action,conduct the remedial investigation, or conduct the feasibility studyin accordance with section 9622 of this title.
6. For CERCLA response actions and enforcement purposes, the Administrator of
EPA is the President's delegate, as provided in operative Executive Orders.
7. Under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a):
(1) [T]he owner and operator of a vessel or a facility,
(2) any person who at the time of disposal of any hazardoussubstance owned or operated any facility at which such hazardoussubstances were disposed of, [or]
(3) any person who by contract, agreement, or otherwise arrangedfor disposal or treatment, or arranged with a transporter fortransport for disposal or treatment, of hazardous substances ownedor possessed by such person, by any other party or entity, at anyfacility or incineration vessel owned or operated by another partyor entity and containing such hazardous substances, .. .
shall be liable for
(A) all costs of removal or remedial action incurred by the UnitedStates Government or a State or an Indian tribe notinconsistent with the national contingency plan .. .
8. Under Section 106(a) of CERCLA, 42 U.S.C. § 9606(a), the United States is also
authorized to seek injunctive relief necessary to abate the imminent and substantial
endangerment to the public health or welfare, or the environment, that may result from an actual
or threatened release of a hazardous substance at or from a facility.
THF, ~TTF,
9. The Site is located in southeastern Missouri about seventy miles south of St.
Louis, within St. Francois County, Missouri.
10. Lead mining began in St. Francois County in the early 1700s and was continuous
from the mid-1700s until the mid-1970s. During this approximately 200 year period of intensive
lead mining, the mines, milling operations, and associated facilities in the county became known
Dated: ~0 1 / ; {~,WJ F H. WOOActing Assistant Attorney GeneralU.S. Department of JusticeEnvironment and Natural Resources DivisionWashington, D.C. 20530
'c .AlbertTrial AttorneyU.S. Department of JusticeEnvironment and Natural Resources DivisionEnvironmental Enforcement SectionP.O. Box 7611Washington, D.C. 20044-7611(202) 514-2800 (direct)Eric.albert@usdoj . gov