EPA v. PHELPS-DODGE MINING COMPANY - COBRE MINING CO., INC. WATER S

Case summary

1. SECTION 1414 OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTIONS 300F TO 300J-26. 2. PHELPS-DODGE MINING COMPANY FACILITY: COBRE MINING COMPANY, INC. WATER SYSTEM GRANT COUNTY, NEW MEXICO 3. RESPONDENT WAS IN VIOLATION OF SECTION 1412 OF THE SDWA BY: 1) FAILING TO COMPLY WITH THE REQUIREMENTS OF SURFACE WATER TREATMENT; 2) EXCEEDING THE MAXIMUM CONTAMINANT LEVEL (MCL) FOR COLIFORM; 3) FAILING TO COLLECT THE RE- QUIRED NUMBER OF SAMPLES FROM THE DISTRIBUTION SYSTEM AND SUBMITTING THEM TO A STATE CERTIFIED LAB; AND 4) FAILING TO COLLECT ENOUGH REPEAT SAMPLES AS REQUIRED AFTER A TOTAL COLIFORM POSITIVE SAMPLE. 4. RELIEF SOUGHT PURSUANT TO SECTION 1414 OF THE SDWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT REQUIRED THE RESPONDENT TO: A) COMPLY WITH THE COLIFORM MONITORINING REQUIREMENTS IMMEDIATELY ON RECEIPT OF THE AO; B) COMPLY WITH THE COLIFORM REPEAT MONITORING RE- QUIREMENTS IMMEDIATELY ON RECEIPT OF THE AO; C) CORRECT THE FECAL COLIFORM EXCEEDANCES WITHIN 60 DAYS OF RECEIPT OF THE AO; AND D) COMPLY WITH THE SURFACE WATER TREATMENT REQUIREMENTS WITHIN 180 DAYS OF RECEIPT OF THE AO.

Defendants (1)

• PHELPS-DODGE MINING COMPANYNamed in settlement

Facilities (2)

• CHINO MINES COMPANY

  210 CORTEZ AVE., HURLEY, NM, 88043

  Registry ID: 110070394053

• CHINO MINES COMPANY

  210 CORTEZ AVE., HURLEY, NM, 88043

  Registry ID: 110070394053

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• PHELPS-DODGE MINING COMPANYentered 1999-12-30

  Primary law: SDWA

Timeline (5 milestones)

• 1999-12-30Complaint Filed/Proposed Order
• 1999-12-30Final Order Issued
• 2000-01-18Enforcement Action Data Entered
• 2001-02-23Compliance Achieved
• 2001-02-23Enforcement Action Closed