EPA v. COBRE MINING COMPANY, A DELAWARE CORPORATION

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. COBRE MINING COMPANY, A DELAWARE CORPORATION 303 FIERRO ROAD HANOVER, GRANT COUNTY, NEW MEXICO 88041 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY RESPONDENT CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT AUTHORIZATION OF AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) PERFORM THE ACTIVITIES SPECIFIED IN THE AO BY THE LAST DAY OF THE MONTH INDICAT- ED; B) REPORT COMPLIANCE/NONCOMPLIANCE WITH THE REQUIRE- MENTS OF A) NO LATER THAN 14 DAYS FOLLOWING THE DATE OF COMPLETION OF EACH SPECIFIC ACTION; C) SUBMIT SEMIANNUAL PROGRESS REPORTS ON THE 15TH OF THE MONTHS OF JAN. AND JUL. UNTIL COMPLETION OF THE REQUIRED WORK; AND D) ALL OTHER TERMS AND CONDITIONS OF THE PERMIT ARE EFFECTIVE AS ISSUED AND REQUIRE FULL COMPLIANCE.

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 2001-09-18

  Primary law: CWA

Timeline (4 milestones)

• 2001-09-18Complaint Filed/Proposed Order
• 2001-09-18Final Order Issued
• 2001-09-23Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed