EPA v. PHELPS DODGE CHINO, INC. D/B/A/ CHINO MINES COMPANY, A DELAW

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. PHELPS DODGE CHINO, INC. D/B/A CHINO MINES COMPANY P.O. BOX 7 HURLEY, GRANT COUNTY, NEW MEXICO 88043 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT WERE NOT IN ACCORDANCE WITH ITS NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G), EPA PROPOSED A CLASS II CIVIL PENALTY OF $44,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• PHELPS DODGE CHINO, INC. D/B/A/ CHINO MINamed in complaintNamed 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

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CHINO MINES COMPANYentered 2000-10-17

  Primary law: CWA

  Federal penalty: $26,000

Timeline (5 milestones)

• 2000-05-08Complaint Filed/Proposed Order
• 2000-05-09Enforcement Action Data Entered
• 2000-10-17Final Order Issued
• 2000-10-30Compliance Achieved
• 2000-10-30Enforcement Action Closed