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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLANDIN THE MATTER OF:CHEMICAL METALS INDUSTRIES, INC.BALTIMORE, MARYLANDDocket No. ()
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MEMORANDUM IN SUPPORT OF THE UNITED STATES'APPLICATION FOR ADMINISTRATIVE WARRANTIn support of its Application for Administrative Warrant, the United States states as follows:1. The United States Congress enacted the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. ~~9601-9675, in response to widespread concern over the severe environmental and public healtheffects arising from the improper disposal of hazardous wastes and other hazardous substances.See generally Eagle Picher Industries v. EPA, 759 F. 2d 922, 925-26 (D.C. Cir. 1985).CERCLA provides the United States Environmental Protection Agency ("EPA"), throughdelegations of authority,
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broad powers to investigate and clean up hazardous waste sites.2. Section 104(a)(1) ofCERCLA, 42 U.S.C. ~ 9604(a)(1), provides in relevant partas follows:Whenever (A) any hazardous substance is released or there is asubstantial threat of such a release into the environment ... [EPA]is authorized to act, consistent with the national contingency plan,to remove or arrange for the removal of, and provide for remedialaction relating to such hazardous substance. , . at any time(including its removal from any contaminated natural resource), or
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The President of the United States has delegated most of the authority for administeringCERCLA to the Administrator of EPA. See Exec. Order No. 12,418,48 Fed. Reg. 20,891 (May 5,1983); Exec. Order No. 12,580, 52 Fed. Reg. 2,923 (January 29, 1987).
 
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take any other response measure consistent with the nationalcontingency plan which [EPA] deems necessary to protect thepublic health or welfare or the environment.42 U.S.C.
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9604(a)(1).23. Section 104(e) ofCERCLA, 42 U.S.C.
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9604(e), provides EPA with broadaccess authority in order to effectuate the purposes of CERCLA. This provision states inrelevant part:(1) ACTION AUTHORIZED -- Any officer, employee, orrepresentative of the President, duly designated by the President, isauthorized to take action under paragraph (2), (3), or (4) (or anycombination thereof) at a vessel, facility, establishment, place,
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"Hazardous substances" are broadly defined in section 101(14) of CERCLA, 42 U.S.C.
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9601(14), and include all substances identified at 40 C.F.R.
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302.4.A "release" is defined at section 101(22) ofCERCLA, 42 U.S.C.
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9601(22), to include, withcertain exceptions not relevant here, "any spilling, leaking, pumping, pouring, emitting, emptying,discharging, injecting, escaping, leaching, dumping, or disposing into the environment."The National Contingency Plan, 40 C.F.R. Part 300 ("NCP"), was originally developed undersection 311(c)(2) of the Clean Water Act, 33 U.S.C.
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1321(c)(2), to guide federal agencies inremoving oil or hazardous substances from the waters of the United States. Congress directed EPA,through section 105 ofCERCLA, 42 U.S.C.
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9605, to revise and republish the NCP to "reflect andeffectuate the responsibilities and powers created by (CERCLA)." The NCP now sets forthprocedures and requirements for responding to hazardous waste sites."Removal" is defined in section 101(23) of CERCLA, 42 U.S.c.
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9601(23), to mean "thecleanup or removal of released hazardous substances from the environment, such actions as may benecessary [sic] taken in the event of athreat of release of hazardous substances into the environment, .such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as maybe necessary to prevent, minimize, or mitigate damages to the public health or welfare or to theenvironment, which may otherwise result from a release or threat of release."
 
property or location or, in the case of paragraph (3) or (4), at anyvessel, facility, establishment, place, property, or location which isadjacent to the vessel, facility, establishment, place, property, orlocation referred to in such paragraph (3) or (4) ... The authorityof paragraphs (3) and (4) may be exercised only if there is areasonable basis to believe there may be a release or threat of release of a hazardous substance or pollutant or contaminant. Theauthority of this subsection may be exercised only for the purposesof determining the need for response, or choosing or taking anyresponse action under this title, or otherwise enforcing theprovisions of this title.(3) ENTRY -- Any officer, employee, or representative describedin paragraph (1) is authorized to enter at reasonable times any of the following:(A) Any vessel, facility, establishment, or other place or propertywhere any hazardous substance or pollutant or contaminant may beor has been generated, stored, treated, disposed of, or transportedfrom.(B) Any vessel, facility, establishment, or other place or propertyfrom which or to which a hazardous substance or pollutant orcontaminant has been or may have been released.(C) Any vessel, facility, establishment, or other place or propertywhere such release is or may be threatened.(D) Any vessel, facility, establishment, or other place or propertywhere entry is needed to determine the need for response or theappropriate response or to effectuate a response action under thistitle.(4) INSPECTION AND SAMPLES--(A) AUTHORITY .- Any officer, employee, or representativedescribed in paragraph (1) is authorized to inspect and obtainsamples from any vessel, facility, establishment, or other place orproperty referred to in paragraph (3) or from any location of anysuspected hazardous substance or pollutant or contaminant. Any
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