EPA v. PATRIOT MINING COMPANY, INC.

Case summary

On March 31, 2006, Region III referred CERCLA and EPCRA violations by Patriot Mining Company, Inc. to the U.S. Department of Justice for the commencement of a civil action seeking penalties and injunctive relief against Patriot with respect to the Squires Creek Mine in Arthurdale, West Virginia. The violations pertain to Patriot?s failure to immediately notify the National Response Center ( NRC ), the State Emergency Response Commission ( SERC ), the West Virginia Office of Emergency Services, and the Local Emergency Planning Committee for Preston County ( LEPC ), of a release of approximately 31,000 pounds of anhydrous ammonia at the Mine on June 29, 2004, in accordance with Section 103 of CERCLA, 42 U.S.C. ?9603, and Section 304(b) of EPCRA, 42 U.S.C. ??11004(b). Patriot violated Section 304(c) of EPCRA, 42 U.S.C. ?11004(c), by failing to provide, as soon as practicable, written follow-up reports to the SERC and the LEPC on (1) the response actions taken by Patriot after the release and (2) the medical effects of the release. Additionally, EPA seeks penalties against Patriot for its failure to maintain and provide the requisite Material Safety Data Sheets (?MSDS?) and hazardous chemical inventory reports for the Facility to the SERC, the LEPC, and the local Fire Department, the Reedsville Volunteer Fire Company, for calendar years 2001, 2002, and 2003, pursuant to Sections 311 and 312 of EPCRA, 42 U.S.C. ?? 11021 and 11022. EPA seeks the imposition of an aggregate penalty of $245,767.00 against Patriot, as well as an order requiring Patriot to comply with all applicable reporting requirements.

Defendants (1)

• PATRIOT MINING COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• SQUIRES CREEK MINE

  DOGTOWN ROAD, ARTHURDALE, WV, 26520

  Registry ID: 110033193595

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• PATRIOT MINING COMPANY, INC.entered 2007-10-26

  Primary law: CERCLA

  Federal penalty: $177,000

Timeline (7 milestones)

• 2006-03-31Referred To Dept Of Justice
• 2006-03-31Referred To Headquarters
• 2006-05-09Enforcement Action Data Entered
• 2007-10-24Final Order Lodged
• 2007-10-24Complaint Filed With Court
• 2007-10-26Demand for Stipulated Penalties
• 2007-10-26Final Order Entered