EPA v. ATLAS MINERALS

Case summary

NATURE OF CASE THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 309 OF THE CLEAN WATER ACT AS AMENDED, 33 U.S.C. SECTION 1319(B) AGAINST THE ATLAS MINERALS DIVISION OF ATLAS CORPORATION (HEREINAFTER ATLAS MINERALS) FOR VIOLATIONS OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1311(A) AND THE PROVISIONS AND LIMITATIONS PRESCRIBED IN A NATIONAL POLLU- TANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ISSUED BY THE ADMINISTRATOR OF EPA PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1342. CAUSE OF ACTION IN NOVEMBER 1982, ATLAS MINERALS WAS ISSUED NPDES PERMI T NUMBER UT-0023914 TO DISCHARGE FROM ITS VELVET MINE FACIL- ITY IN LA SAL, UTAH, CERTAIN NAMED POLLUTANTS INTO THE RECEIVING WATERS OF AN UNNAMED WASH, TRIBUTARY TO KANE CANYON CREEK. THIS PERMIT DOES NOT EXPIRE UNTIL MARCH 31, 1987. THE PERMIT PROVIDED FOR CERTAIN EFFLUENT LIMITATIONS ON CONCENTRATIONS OF TOTAL SUSPENDED SOLIDS(TSS); SOLUBLE RADIUM-226; TOTAL RADIUM-226; TOTAL URANIUM (EMPHASIS OURS); TOTAL DISSOLVED SOLIDS; CHEMICAL OXYGEN DEMAND (COD); OIL AND GREASE; AND TOTAL ZINC TO BE DISCHARGED FROM THE VELVET MINE WASTEWATER TREATMENT PONDS. THESE LIMITATIONS WERE BAS ED UPON BEST PRACTICABLE TREATMENT (BPT) EFFLUENT STANDARDS. FURTHER, THE PERMIT REQUIRED ATLAS TO SUBMIT SELF-MONIOTOR- ING REPORTS ON DISCHARGES OF THE COVERED EFFLUENT CONCENTRA- TIONS TO THE REGIONAL ADMINISTRATOR OF EPA AND THE DIRECTOR OF THE STATE OF UTAH, BUREAU OF WATER POLLUTION CONTROL, IN QUARTERLY PERIODS, WITH THE FIRST REPORT TO BE DUE ON JANU- ARY 28, 1983. THE PERMIT ALSO REQUIRED ATLAS MINERALS TO SUBMIT WRITTEN NOTICE OF ALL DAILY MAXIMUM EFFLUENT LIMITA- TION EXCESSES WITHIN FIVE DAYS (EMPHASIS OURS), OF LEARNING OR BEING ADVISED OF SUCH CONDITIONS, TO EPA AND THE STATE OF UTAH. NPDES PERMIT NUMBER UT-0023914 ISSUED TO ATLAS MINERALS CONSTITUTES THE SOLE AUTHORIZATION FOR THE DISCHARGE OF POLLUTANTS FROM THE VELVET MINE. PART 1 PAGE 2 OF THAT PERMIT ESTABLISHES A DAILY MAXIMUM CONCENTRATION OF 4 MG/1 FOR URANIUM IN DISCHARGES FROM THE MINE. ATLAS MINERALS HAS EXCEEDED THIS LIMITATION TWENTY FOUR (24) TIMES WITHIN THE OCTOBER 1982 TO DECEMBER 1983 REPORTING PERIODS. THE VIO- LATION OF THE EFFLUENT LIMITS, AS PRESCRIBED IN THE PERMIT, CONSTITUTES A VIOLATION OF THE PERMIT. THIS IS THEREFORE A VIOLATION OF 33 U.S.C. SECTION 1311(A) UNDER WHICH ALL DISCHARGES OF POLLUTANTS, EXCEPT WHEN IN COMPLIANCE WITH SECTION 1342 ARE UNLAWFUL. ADDITIONALLY, ATLAS MINERALS, UNDER ITS NPDES PERMIT WAS REQUIRED TO REPORT ALL POLLUTANT EFFLUENT CONCENTRATION DISCHARGES IN EXCESS OF THE PERMIT IMPOSED DAILY MAXIMUM LIMITS TO EPA AND THE UTAH BUREAU OF WATER POLLUTION CONTROL WITHIN (5) DAYS OF LEARNING OF, OR BEING TOLD OF THE OCCUR- RENCE. ATLAS MINEERALS DID NOT REPORT ANY OF ITS 24 INCI- DENTS OF URANIUM EFFLUENT EXCESSES AS REQUIRED BY ITS PERMIT. THE EXCESSIVE DISCHARGES OF URANIUM STARTED IN THE NOVEMBER 1982, AND CONTINUED THROUGH NOVEMBER 1983.

Defendants (1)

• ATLAS MINERALS (DIV. ATLAS CO)Named in complaintNamed in settlement

Facilities (1)

• ATLAS MINERALS CO

  MOAB CNTY, MOAB, UT, 84532

  Registry ID: 110010668599

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• ATLAS MINERALS DIV OF ATLAS CPentered 1985-06-17

  Primary law: CWA

  Federal penalty: $10,000

Timeline (7 milestones)

• 1984-03-28Referred To Dept Of Justice
• 1984-06-26Referred TO U.S. Attorney
• 1984-07-05Complaint Filed With Court
• 1985-06-17Final Order Lodged
• 1985-06-17Final Order Entered
• 1985-06-17Concluded
• 1985-06-17Enforcement Action Closed