# MURRAY SMELTER SITE
> **Administrative - Formal** · FY1998 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `51071`
- **Case Number:** 08-1998-0169
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $15K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CHIMNEY RIDGE, L.C. (complaint) (settlement)
## Summary

THIS IS AN AGREEMENT AND COVENANT NOT TO SUE.  CHIMNEY       RIDGE L.C. IS PROPOSING TO DEVELOP THE ON-FACILITY PORTION   OF THE SITE AND WILL INCLUDE MOVIE THEATERS, RETAIL          ESTABLISHMENTS, A MEDICAL COMPLEX, AND OTHER COMMERCIAL      USES.  MURRAY SMELTER, WHICH CONTINUED OPERATION THROUGH     1949, LEFT LARGE AMOUNTS OF ARSENIC AND LEAD IN VARIOUS      AREAS OF THE SURFACE AND SUBSURFACE SOILS AND CONTAMINATED   THE SHALLOW AQUIFER WITH HIGH CONCENTRATIONS OF ARSENIC.     EPA'S RISK ASSESSMENT INDICATES THAT USES ENTAILING          LONG-TERM DIRECT CONTACT WITH THE CONTAMINATED SOIL OR       INGESTION OF THE CONTAMINATED GROUNDWATER COULD PRESENT AN   IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH.      IN CONSIDERATION OF AND IN EXCHANGE FOR THE U.S. COVENANT    NOT TO SUE, RESPONDENT'S AGREE TO PAY EPA $15,000.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*