The White King/Lucky Lass Superfund site ( Site ) was pre-referred in January of 2002 to the Department of Justice for initiation of negotiation of a consent decree for remedial design/remedial action with Kerr-McGee, Fremont Lumber, Western Nuclear (Primary PRPs) and the Coppin Trust. Detailed information regarding this Site and the potentially responsible parties is contained in the pre-referral.
EPA, in coordination with DOJ, the U.S. Forest Service and the State of Oregon initiated RD/RA Consent Decree negotiations on June 27, 2002. After receipt of an inadequate offer and numerous calls and meetings, EPA terminated negotiations and issued a Unilateral Order to the Primary PRPs demanding performance of RD/RA. To date, the Primary PRPs performance of remedial design has been insufficient and late. In addition, the Primary PRPs have refused to perform any remedial action activities, which has resulted in their failure to submit the Interim Remedial Action Report and failure to perform the Interim Remedial Action scheduled for the summer/fall of 2003.
EPA requests that DOJ file an action against the Primary PRPs for failure to comply with the Unilateral Order issued on November 29, 2002. This action would request injunctive relief for performance of the required actions in compliance with the UAO, payment of penalties for failure to comply with the UAO and payment of all costs associated with the UAO. Related claims may be filed by the EPA, the U.S. Forest Se