EPA v. HOMESTAKE MINING

Case summary

THE SUBJECT CONSENT DECREE, WHICH WAS ORIGINALLY FILED ON FEB 12, 1980, WAS THE CULMINATION OF EXTENSIVE LITIGATION REGARDING VIOLATIONS OF THE NPDES PERMIT FOR EFFLUENTS FROM THE HOMESTAKE GOLD MINE IN LEAD, SOUTH DAKOTA. IT REQUIRED HOMESTAKE TO COMPLETE AND PLACE IN OPERATION A SAND FILTRA- TION SYSTEM FOR TITAL SUSPENDED SOLIDS BY SEP. 1, 1979, AND A TREATMENT SYSTEM FOR HEAVY METALS AND TOTAL CYANIDE BY SEP. 1, 1980. THE CONSENT DECREE (CD) IMPLICITLY RECOGNIZED HOWEVER, THAT THE PERMIT LIMITS FOR HEAVY METALS AND CYANIDE WERE TECHNOLOGY-FORCING AND THAT HOMESTAKE WAS INVESTIGATING A NUMBER OF CONVENTIONAL AND UNTRIED TREATMENT SYSTEMS. THE DECREE, THEREFORE, INCLUDED PROVISION FOR EXTENSION OF THE DATE STIPULATED FOR DECISION ON A PARTICULAR TREATMENT SYSTEM (MARCH 1, 1980), AND FOR SUBSEQUENT REVIEW OF THE AFFECTED WATER QUALITY AND NPDES STANDARDS BY SOUTH DAKOTA AND EPA, AFTER THE ACTUAL PERFORMANCE OF THE SYSTEM CHOSEN. ON JULY 14, 1980, THE ENFORCEMENT DIRECTOR OF REGION VIII APPROVED AN EXTENSION OF THE DECISION DATE TO JULY 1, 1981. THIS EXTENSION WAS BASED UPON PROGRESS BY HOMESTAKE TOWARDS A CHEMICAL AND BIOLOGICAL TREATMENT SYSTEM, AND UPON ASSURANCES THAT HOMESTAKE WOULD MAKE EFFORTS IN GOOD FAITH TO MEET THE ORIGINAL SCHEDULE WITH THAT SYSTEM. SUBSEQUENTLY, HOMESTAKE ACHIEVED A BREAKTHROUGH IN A PURELY BIOLOGICAL TREATMENT SYSTEM WHICH REGION VIII AND HQ TECH. STAFF FEEL WILL BE BOTH MORE EFFECTIVE AND MORE ECONOMICAL IN TREATING HEAVY METALS AND TOTAL CYANIDE THAN ANY SYSTEM NOW IN EXISTENCE, BUT WHICH REQUIRED ADDITIONAL DEVELOPMENT AND TEST TIME. THE EXTENSION OF THE COMMENCEMENT AND COMPLETION DATES, TO JUNE 30, 1983 AND AUGUST 15, 1984, WILL ALLOW HOMESTAKE TIME TO COMPLETE THIS SYSTEM. THE CD PRO- VISIONS FOR SUBSEQUENT REVIEW OF THE WATER QUALITY AND NPDES PERMIT STANDARDS WOULD THEN COME INTO EFFECT. THE RECOMMENDED EXTENSION OF THE COMMENCEMENT AND COMPLETION DATES TO JUNE 30, 1983 AND AUGUST 15, 1984, WILL ALLOW HOMESTAKE ADEQUATE TIME TO INSTALL ITS NEW BIOLOGICAL TREATMENT SYSTEM FOR HEAVY METALS AND TOTAL CYANIDE. AT THE SAME TIME, OTHER PROPOSED MODIFICATIONS TO THE CD ARE INTENDED TO MAKE IT CLEAR THAT HOMESTAKE IS NOW COMMITTED TO ITS NEW BIOLOGICAL TREATMENT SYSTEM, AND WILL NOT BE GRANTED ANY FURTHER EXTENSIONS FOR ITS COMMENCEMENT AND COMPLETION. THESE MODIFICATIONS INCLUDE AN INCREASE IN STIPULATED PENALTIES FOR VIOLATIONS OF THE TIMETABLE (FROM A FLAT $10,000 PER MONTH TO A SLIDING SCALE OF $1,000 PER DAY FOR THE FIRST THREE MONTHS, $3,000 PER DAY FOR THE FIFTH THROUGH EIGHTH MONTH, AND $8,000 PER DAY THEREAFTER), AND THE DELETION OF THE ORIGINAL CONSENT DECREE PROVISIONS FOR EX- TENTION OF THE DATES FOR DECISIONS ON A TREATMENT SYSTEM.

Defendants (1)

• HOMESTAKE MININGNamed in complaint

Facilities (1)

• HOMESTAKE MINING COMPANY GOLD DIVISION

  W SUMMIT ST, LEAD, SD, 57754

  Registry ID: 110064202722

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (6 milestones)

• 1982-12-15Referred To Headquarters
• 1982-12-17Referred To Dept Of Justice
• 1982-12-22Referred TO U.S. Attorney
• 1983-01-14Complaint Filed With Court
• 1983-01-24Concluded
• 1983-11-30Enforcement Action Closed