EPA v. SOUTHERN OHIO COAL COMPANY (SOCCO)

Case summary

SOCCO OWNS AND OPERATES AN UNDERGROUND COAL MINE COMPLEX IN SOUTHEASTERN OHIO, CONSISTING IN PART OF AN ACTIVE MINE, MEIGS MINE NO. 31 ( MEIGS MINE ), AND AN INACTIVE, ADJACENT MINE KNOWN AS RACCOON MINE NO. 3 ( RACCOON MINE ). THE MEIGS AND RACCOON MINES NATURALLY ACCUMULATE ACIDIC WATER THAT CONTAINS IN SOLUTION A NUMBER OF METALS AND OTHER CHEMICALS. PRIOR TO JULY 11, 1993, SOCCO PUMPED ACID MINE DRAINAGE GENERATED BY MEIGS MINE INTO RACCOON MINE FOR STORAGE. A BULKHEAD CONSTRUCTED BY SOCCO SEPERATED THE TWO MINES. ON JULY 11, 1993, DUE TO A STRUCTURAL FAILURE AT OUR NEAR A BULKHEAD SEPARATING THE TWO MINES, APPROXIMATELY 1 BILLION GALLONS OF THE STORED AMD IN RACCOON MINE FLOODED INTO MEIGS MINE. ON AUGUST 30, 1993, THE SIXTH CIRCUIT GRANTED IN PART EPA'S MOTION FOR A STAY OF THE DISTRICT COURT'S INJUNCTION. ON SEPTEMBER 3, 1993, EPA ISSUED AN ADMINISTRATIVE ORDER ESSENTIALLY REQUIRING SOCCO TO CEASE DISCHARGES OF UNTREATED OR PARTIALLY TREATED AMD. IN RESPONSE TO A MOTION BY SOCCO, ON SEPTEMBER 8, 1993, THE DISTRICT COURT ISSUED AN ORDER STAYING EPA'S ADMINISTRATIVE ORDER. ON SEPTEMBER 27, 1994, U.S. EPA REFERRED THIS CASE TO DOJ REQUESTING THAT DOJ FILE A CIVIL ACTION AGAINST SOCCO FOR VIOLATIONS SECTION 301 OF THE CLEAN WATER ACT AND DESCRIBES REGION 5'S SETTLEMENT POSTURE. U.S. EPA AND DOJ DRAFTED A COMPLAINT THAT IS TO BE FILED SIMULTANEOUSLY WITH THE FILING OF THE CONSENT DECREE. SOCCO SHALL PAY TO THE UNITED STATES $240,000 AS REIMBURSEMENT FOR COSTS INCURRED IN MONITORING AND ASSESSING THE EFFECTS OF THE DISCHARGES ADDRESSED IN THE COMPLAINT. SOCCO SHALL PAY $300,000 TO THE UNITED STATES AS A CIVIL PENALTY. THE $300,000 CIVIL PENALTY COVERS THE ORE APPROVED BOTTOM-LINE SETTLEMENT PENALTY OF $249,000 (APPROVED ON FEBRUARY 3, 1995).

Defendants (1)

• SOUTHERN OHIO COAL COMPANY (SOCCO)Named in complaintNamed in settlement

Facilities (1)

• SOUTHERN OHIO COAL CO

  1 MEMORIAL DR, LANCASTER, OH, 43130

  Registry ID: 110010739353

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOUTHERN OHIO COAL CO. (SOCCO)entered 1996-03-25

  Primary law: CWA

  Federal penalty: $300,000

Timeline (6 milestones)

• 1993-07-27Enforcement Action Data Entered
• 1994-09-27Referred To Dept Of Justice
• 1996-01-30Complaint Filed With Court
• 1996-03-25Final Order Lodged
• 1996-03-25Final Order Entered
• 1996-03-25Concluded