EPA v. BLACK DIAMOND ENERGY, INC.

Case summary

ON 10/21/99, AN EMERGENCY ADMINISTRATIVE ORDER ON CONSENT WAS ISSUED TO BLACK DIAMOND ENERGIES, INC. AND CARGILL, INC. REQUIRING THE COMPANIES TO SUPPLY CLEAN WATER TO AN ELLERSLIE, MARYLAND HOMEOWNER. IN THE ORDER, THE EPA ALLEGED BLACK DIAMOND FAILED TO PROPERLY MAINTAIN A SALT PILE AT ITS FACILITY. CARGILL SUPPLIES THE BLACK DIAMOND FACILITY WITH ROAD SALT THAT IS SOLD TO STATE, COUNTY, AND LOCAL GOVERNMENTS FOR WINTER HIGHWAY MAINTENANCE. THE ORDER ALLEGES THAT WATER RUNOFF FROM A SALT PILE AT THE SITE CAUSED OR CONTRIBUTED TO THE CONTAMINATION OF A PRIVATE DRINKING WELL LOCATED ABOUT ONE QUARTER MILE SOUTH OF THE SALT STORAGE SITE. TESTS OF THE WELL WATER SHOW A HIGH CONCENTRATION OF SODIUM AND CHLORIDE. WITHIN 10 DAYS OF THE EFFECTIVE DATE OF THE ORDER, THE COMPANIES MUST SUPPLY THE AFFECTED FAMILY WITH A TEMPORARY ALTERNATE WATER SUPPLY AND WITHIN 120 DAYS, THE COMPANIES MUST SUPPLY A PERMANENT ALTERNATE WATER SUPPLY. ALSO, WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THE ORDER, THE COMPANIES ARE REQUIRED TO EITHER REMOVE THE SALT FROM THE SITE OR TAKE STEPS TO CONTROL STORMWATER RUNOFF SO THAT IT IS IN COMPLIANCE WITH STATE AND LOCAL REGULATIONS.

Defendants (1)

• BLACK DIAMOND ENERGY, INC.Named in complaintNamed in settlement

Facilities (1)

• BLACK DIAMOND ENERGIES INC

  230 HYNDMAN RD, HYNDMAN, PA, 15545

  Registry ID: 110010715333

Statutes cited

• SDWA 1431 — Emergency Powers

Enforcement conclusions (1)

• BLACK DIAMOND ENERGY, INC.entered 1999-10-22

  Primary law: SDWA

Timeline (4 milestones)

• 1999-10-12Enforcement Action Data Entered
• 1999-10-22Complaint Filed/Proposed Order
• 1999-10-22Final Order Issued
• 2001-10-01Enforcement Action Closed