EPA v. MOUNTAIN MOBILE MIX

Case summary

MOUNTAIN MOBILE MIX, INC ( M.M. OR THE COMPANY OR THE CO. ) CONDUCTS, AS ONE FACET OF ITS OPERATION, A GRAVEL WASHING SITE NEAR RIFLE, COLORADO. THE SITE IS LOCATED AD- JACENT TO THE COLORADO RIVER AND UPSTREAM FROM THE GRAHAM MESA (RIFLE AND VICINITY) WATER TREATMENT PLANT (MWTP). ON MARCH 26, 1980, WE RECEIVED A TELEPHONE COMPLAINT FROM JIM SHROYER, THEN A MWTP EMPLOYEE. MR. SHROYER COMPLAINED THAT M.M. HAD BEEN DISCHARGING MUDDY WASH WATER INTO THE COLORADO RIVER FOR SEVERAL WEEKS. THE COMPANY DOES NOT HAVE A NPDES PERMIT, WITHOUT WHICH THEY CANNOT LAWFULLY CAUSE ANY DISCHARGE. THE WASH WATER WAS REACHING THE COLORADO RIVER THROUGH A DRAINAGE DITCH AD- JACENT TO THE GRAVEL WASHING OPERATION. ON MARCH 3, 1980, USING A HACH 2100 TURBIDITY METER, MR. SHROYER HAD GOTTEN A READING IN EXCESS OF 1,000 TURBIDITY UNITS FROM M.M.'S DIS- CHARGE. (THE SECONDARY DRINKING WATER STANDARDS, THOUGH NOT SPECIFICALLY APPLICABLE HERE, IS ONE (1) TURBIDITY UNIT. TURBIDITY BECOMES VISIBLE TO THE HUMAN EYE AT ABOUT 10 UNITS AND 1,000 UNITS IS THE MAXIMUM READING ON THE METER.) ON APRIL 4TH, 1980, JERRY BIBERSTINE, A WATER QUALITY SAMPLER FOR THE COLORADO DEPT OF HEALTH, VISITED THE SITE & CONFIRMED THAT THE COMPANY WAS DISCHARGING WASTEWATER INTO THE COLORADO RIVER. HE WITNESSED AND PHOTOGRAPHED THE DIS- CHARGE AND RSULTING PLUME IN THE RIVER. AT THAT TIME MR. BIBERSTINE INFORMED THE PLANT MANAGER OF M.M. THAT THE DIS- CHARGE WAS ILLEGAL. ON APRIL 9, 1980, MR. BIBERSTINE RETURNED TO THE SITE AND AGAIN FOUND THEM DISCHARGING. HE TOOK A SAMPLE OF THE DIS- CHARGE AND AGAIN INFORMED M.M. OF THE ILLEGALITY OF THE DIS- CHARGE. AT THIS TIME HE SUGGESTED THAT M.M. DAM THE DRAIN- AGE DITCH TO PREVENT DISCHARGE. ON APRIL 23, 1980, ANOTHER EMPLOYEE OF THE WATER TREATMENT PLANT, LESTER STEPHENS, CALLED TO REPORT THAT M.M. WAS STILL DISCHARGIN. AN INVESTIGATION TEAM (AN ENVIRONMENTAL ENGINEER FROM EPA AND 3 REPRESENTATIVES FROM THE COLORADO DEPT OF HEALTH) VISITED THE SITE ON APRIL 24, 1980. THEY OBSERVED THE DISCHARGE AND TOOK SAMPLES. A NOTICE OF VIOLATION WAS SENT BY THE STATE TO THE VIOLATOR ON MAY 7, 1980. LABORATORY ANALYSIS OF THE SAMPLE TAKEN ON APRIL 9 SHOWED THE DISCHARGE TO BE EXTREMELY HIGH IN TOTAL SUSPENDED SOLIDS (TTS). THIS SAMPLE, HOWEVER, MAY BE QUESTIONABLE DUE TO A LEAKAGE BETWEEN SAMPLING AND ANALYSIS. ANALYSES OF THE SAMPLES TAKEN ON APRIL 24, 1980, SHOWED THE DISCHARGE TO BE VERY HIGH IN SUSPENDED SOLIDS, DISSOLVED SOLIDS AND TOTAL SOLIDS. LESTER STEPHENS HAS PROVIDED THE EPA WITH LOGS FROM THE GRAHAM MESA WTP INDICATING FOUR DATES ON WHICH HE NOTED M.M. WAS DISCHARGING THEIR UNTREATED WASH WATER (MARCH 1, AND APRIL 23,24,25, 1980) COMBINED WITH THE DATE ON WHICH JIM SHROYER TOOK THE TURBIDITY SAMPLE, THE TWO VISITS BY JERRY BIBERSTINE, AND OVERLAPPING THE DATE OF THE EPA INSPECTION, SEVEN SEPARATE DATES ARE ESTABLISHED AND CORROBORATED. THEY ARE: MARCH 1 & 3, AND APRIL 4, 9, 23, 24, & 26, 1980. THIS ACTION SEEKS THE STATUTORY MAXIMUM CIVIL PENALTY OF $10,000 PER DAY FOR THE SEVEN DAYS OF KNOWN DISCHARGE; GIVING A TOTAL PENALTY FIGURE OF $70,000.

Defendants (1)

• MOUNTAIN MOBILE MIX, INC.Named in complaintNamed in settlement

Facilities (1)

• MOUNTAIN MOBILE MIX

  HIGHWAY 6 & 24, RIFLE, CO, 81650

  Registry ID: 110010749994

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MOUNTAIN MOBILE MIXentered 1982-12-15

  Primary law: CWA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1980-08-12Referred To Headquarters
• 1980-08-23Referred To Dept Of Justice
• 1980-09-03Referred TO U.S. Attorney
• 1980-11-03Complaint Filed With Court
• 1982-12-15Final Order Lodged
• 1982-12-15Final Order Entered
• 1982-12-15Concluded
• 1982-12-20Enforcement Action Closed