EPA v. Phelps Dodge Tyrone, Inc. (NMR05A918)

Case summary

Respondent owns and operates the Tyrone copper mine in New Mexico. On August 15, 2004, approximately 21,000 gallons of process and storm water (derived from a significant storm event that day) from the Keener Pond, a process water containment pond, were discharged to Mangas Creek. This was an indirect result of approximately 2.3 inches of precipitation that fell on the Tyrone Mine site. Excessive storm water runoff from the facility was routed to the 'Keener' containment pond. The pumping system for the containment pond failed and discharge approximately 21,000 gallons to Mangas Creek. The pumping system has repaired. EPA is Ordering the facility to find a way to stop these illegal discharges.

Defendants (1)

• Phelps Dodge Tyrone, Inc. (NMR05A918)Named in complaintNamed in settlement

Facilities (1)

• PHELPS DODGE TYRONE INCORPORATED

  HWY. 90 S. & TYRONE MINE RD., TYRONE, NM, 88065

  Registry ID: 110042056333

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Phelps Dodge Tyrone, Inc. (NMR05A918)entered 2004-09-23

  Primary law: CWA

Timeline (3 milestones)

• 2004-08-17Enforcement Action Data Entered
• 2004-09-23Final Order Issued
• 2009-07-01Enforcement Action Closed