EPA v. UTAH COPPER DIVISION OF KENNECOTT

Case summary

NATURE OF THE CASE THE KENNECOTT UTAH COPPER DIVISION (HEREINAFTER KENNECOTT IS A SUBSIDIARY OF KENNECOTT CORPORATION, WHICH IS AN OPERATING COMPANY OF STANDARD OIL OF OHIO (SOHIO). KENNECOTT OPERATES AN OPEN PIT COPPER MINE AND LEACHING OPERATION IN SALT LAKE COUNTY, JUST WEST OF SALT LAKE CITY, UTAH. THE MINE PRODUCES APPROXIMATELY 100,000 TONS PER DAY OF COPPER ORE. THIS FACILITY USES SURFACE RUNOFF AND MINE DEWATERING WAT ERS FOR ITS LEACHING PROCESSES. THOSE WATERS WHICH COME INTO CONTACT WITH THE DISTURBED ORE BODY BECOME ACIDIC AND MINERALIZED DUE TO THE NATURAL OXIDATION AND DISSOLUTION OF MINERALS CONTAINED IN THE ORE BODY. HISTORICALLY, THESE WATERS HAVE BEEN RECYCLED AND DISPOSED OF WITHIN THIS FACIL- ITY WITHOUT A DISCHARGE TO SURFACE WATERS. RECORD PRECIPITATION DURING SEPTEMBER 1982, AND HEAVY SNOWFALL DURING THE WINTER OF 1982 - 83, RESULTED IN RUN- OFF THAT PUSHED THIS FACILITY TO THE LIMITS OF ITS HYDROLOGICAL CAPACITY TO PREVENT A DISCHARGE. DURING THIS PERIOD, HOWEVER, KENNECOTT DID NOT APPLY FOR AND NPDES PER MIT. HEAVY PRECIPITATION OCCURRED AGAIN IN SEPTEMBER 1983. AGAIN KENNECOTT HAD TO TAKE EMERGENCY MEASURES TO CONTAIN THE RUNOFF. THIS WAS FOLLOWED BY ANOTHER RECORD SNOWFALL IN THE WINTER OF 1983-84. DURING THIS PERIOD, KENNECOTT OFFICI ALS RECOGNIZED THAT THEY MAY NOT BE ABLE TO CONTAIN ALL THE RUNOFF. IN ANTICIPATION OF A DISCHARGE, KENNECOTT INITIATED A NPDES APPLICATION AND MADE CONTINGENCY PLANS TO MINIMIZE THE ENVIRONMENTAL IMPACT OF ANY SUCH DIS HARGE. NOTWITH- STANDING THESE ACTIONS, THE HYDROLOGICAL CAPACITY OF THE FACILITY WAS EXCEEDED WITH A DISCHARGE STARTING ON MAY 2, 1984- A PERIOD OF 53 DAYS. THE DISCHARGE WAS TO BINGHAM CREEK, A TRIBUTARY OF THE JORDAN RIVER. BOTH ARE WATERS OF THE UNITED STATES . KENNECOTT DID NOT HAVE A PERMIT OR OTHER AUTHORIZATION TO DISCHARGE DURING THIS 53 DAY PERIOD. CAUSE OF ACTION THE ELEMENTS OF A CAUSE OF ACTION UNDER SECTION 309(B), FOR A VIOLATION OF SECTION 301(A), 33 U.S.C. SECTION 1311(A) ARE MET, IN THAT: 1. THE KENNECOTT CORPORATION, A NEW YORK CORPORATION, IS A PERSON WITHIN THE MEANING OF SECTION 502(5) OF THE CWA, 33 U.S.C. 1362(5); 2. THE WASTEWATER DISCHARGED BY KENNECOTT CONTAINED HIGH CONCENTRATIONS OF COPPER, LEAD AND ZINC WHICH ARE POLLUTANT S WITHIN THE MEANING OF SECTION 502(6) OF THE CWA, 33 U.S.C. SECTION1362(6); 3. KENNECOTT DID NOT HAVE A PERMIT FOR ITS MINE AND LEACH OPERATIONS UNDER SECTION 402 OR 404 OF THE ACT, NEITHE R DID IT HAVE ANY OTHER AUTHORIZATION UNDER SECTIONS 301,302 , 307, OR 318 OF THE ACT TO DISCHARGE A POLLUTANT FROM THE USBMECT FACILITY TO WATER OF THE UNITED STATES; 4. THE DISCHARGE(S) FROM KENNECOTT'S MINING AND LEACHING OPERATIONS INTO KINGHAM CREEK, A JORDAN RIVER TRIBUTARY, IS A 'POINT SOURCE' WITHIN THE MEANING OF SECTION 504(14) OF THE ACT, 33 U.S.C. 1362(14); AND 5. BOTH BINGHAM CREEK AND THE JORDAN RIVER ARE NAVIGABLE WATER(S) WITHIN THE MEANING OF SECTION 502(7) OF THE ACT, 33 U.S.C. 1362(7). PROPOSED REMEDY KENNECOTT SUBSEQUENTLY OBTAINED A NPDES PERMIT TO COVER FUTURE DISCHARGES FROM THIS FACILITY. THEREFORE, WE ARE ONLY REQUESTING A CIVIL PENALTY FOR PAST DISCHARGES, IN VIOLATION OF SECTION 301(D) OF THE ACT, 33 U.S.C. SECTION 33 1311(A), AS AUTHORIZED BY SECTION 309(D) OF THE ACT, 33 U.S.C. SECTION 1319(D). ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS CASE DOES NOT RAISE ANY ISS

Defendants (1)

• KENNECOTT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• KENNECOTT COPPER CORP-UTAH COP

  KENNECOTT BLDG, SALT LAKE CITY, UT, 84147

  Registry ID: 110010759679

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• UTAH COPPER DIV. OF KENNECOTTentered 1985-10-21

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1984-09-25Referred To Headquarters
• 1984-11-20Referred To Dept Of Justice
• 1985-04-12Referred TO U.S. Attorney
• 1985-08-06Complaint Filed With Court
• 1985-10-21Concluded
• 1985-10-21Final Order Lodged
• 1985-10-21Final Order Entered
• 1987-03-05Enforcement Action Closed