EPA v. COBRE MINING COMPANY, A DELAWARE CORPORATION

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. COBRE MINING COMPANY, A DELAWARE CORPORATION 3 MILES NORTH OF THE TOWN HANOVER, GRANT COUNTY, NEW MEXICO 88041 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT REQUIRED THE RESPONDENT TO: A) WITHIN 30 DAYS, TAKE WHAT- EVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DE- FICIENCIES, ELIMINATE AND PREVENT RECURRENCE OF THE VIO- LATIONS CITED, AND TO COME INTO COMPLIANCE; B) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC AC- TIONS TAKEN, EXPLAIN HOW THESE ACTIONS WILL PREVENT RE- CURRENCE, AND INCLUDE A COPY OF THE STORM WATER POLLUTION PLAN FOR THE FACILITY; C) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPRE- HENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME; AND D) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• COBRE MINING COMPANYNamed in settlement

Facilities (1)

• COBRE MINING CONTINENTAL MINE 1089M1

  303 FIERRO ROAD, HANOVER, NM, 88041

  Registry ID: 110001549922

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• COBRE MINING COMPANYentered 2000-02-22

  Primary law: CWA

Timeline (4 milestones)

• 2000-02-22Complaint Filed/Proposed Order
• 2000-02-22Final Order Issued
• 2000-03-06Enforcement Action Data Entered
• 2009-10-20Enforcement Action Closed