EPA v. ATLAS MINERALS DIV OF ATLAS CORPORATION/ III

Case summary

THIS A PROPOSED CIVIL ACTION UNDER SECTION 309 OF THE CLEAN WATER ACT (CWA), AS AMENDED, 33 U.S.C. SECTION 1319(B) AGAINST THE ATLAS MINERALS DIVISION OF ATLAS CORPORATION (HEREAFTER ATLAS MINERALS) FOR VIOLATIONS OF SECTION 301(A) OF THE CWA, 33 U.S.C. 1311(A), AND THE PROVISIONS AND LIMITATIONS PRESCRIBED IN A NATIONAL POLLUTANT DISCHARGE ELMINATION SYSTEM (NPDES) PERMIT ISSUED BY THE ADMINISTRATOR OF EPA PURSUANT TO SECTION 402 OF THE CWA, 33 U.S.C. SECTION 1342, AND REGULATIONS SET FORTH IN 40 C.F.R. 122. IN NOVEMBER 1982, ATLAS MINERALS WAS ISSUED ITS PRESENT NPDES PERMIT (UT-0023914) TO DISCHARGE FRON ITS VELVET MINE FACILITY 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. OVER A PERIOD OF THIRTEEN (13) MONTHS, FROM JANUARY 1984 TO JANUARY 1985, ATLAS EXCEEDED THE DAILY AVERAGE AND MAXIMUN EFFLUENT LIMITS FOR TOTAL SUSPENDED SOLIDS (TSS), SOULBLE RADIUM 226, AND TOTAL RADIUM 226 IN ITS PERMIT A TOTAL OF 24 TIMES. IN THE OPINION OF THE REGIONAL EPA ENGINEER RESPONSIBLE FOR MONITORING THIS FACILITY, THESE VIOLATIONS WERE A RESULT OF INADEQUATE OPERATION AND MAINTENANCE OF THE TREATMENT FACILITIES. IN ADDITION, THE ATLAS PERMIT REQUIRED IT TO SUBMIT WRITTEN NOTICE OF ALL DAILY MAXIMUM EFFLUENT LIMITATIONS EXCESSES WITHIN FIVE DAYS OF LEARNING, OR BEING ADVISED OF SUCH CONDITIONS, TO EPA AND THE STATE OF UTAH. ATLAS FAILED TO DO THIS FIVE TIMES DURING THE PERIOD IN QUESTION. PENALTIES WE ARE SEEKING A CIVIL PENALTY FOR PAST VIOLATIONS AND A STIPULATED PENALTY, IN A CONSENT DECREE, TO ADDRESS ANY FUTURE PERMIT VIOLATIONS. THE STIPULATED PENALTIES WILL MAKE IT UNNECESSARY TO INITIATE A NEW JUDICIAL ACTION IN THE EVENT OF FUTURE PERMIT VIOLATIONS. ON THE BASIS OF $10,000 PER VIOLATION PER DAY, THE MAXIMUM CIVIL PENALTY AUTHORIZED BY SECTION 309(D) OF THE ACT, 33 U.S.C. 1319(D) WOULD IN THIS CASE BE $290,000. THIS BASED ON 24 VIOLATIONS OF EFFLUENT LIMITS AND 5 VIOLATIONS OF THE NOTIFICATION REQUIREMENTS CONTAINED IN THE PERMIT. BASED ON BEN CALCU- LATIONS, WE WOULD RECOMMENDED SETTLING THIS CASE FOR $30,000. THIS WILL BE THE THIRD CIVIL ACTION BY EPA AGAINST ATLAS IN UTAH. THE FIRST WAS A CIVIL ACTION AGAINST ITS MILL AND WAS SETTLED IN 1977 FOR A $65,000 CIVIL PENALTY. THE SECOND ACTION, WHICH INVOLVED PERMIT VIOLATIONS BY THE SUBJECT FACILITY, WAS RECENTLY SETTLED FOR $10,000. AS REQUIRED BY EPA'S REGULATIONS, ATLAS ROUTINELY SUBMITS ITS DISCHARGE MONITORING REPORTS (DMRS) TO EPA.

Defendants (1)

• ATLAS MINERALS DIVISION OF ATLAS CORP.Named in complaintNamed in settlement

Facilities (1)

• VELVET PROPERTY

  (ATLAS MINERALS), SAN JUAN COUNTY, UT, 99999

  Registry ID: 110008174359

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• ATLAS MINERALS DIV OF ATLAS COentered 1987-06-15

  Primary law: CWA

  Federal penalty: $85,000

Timeline (7 milestones)

• 1985-06-28Referred To Dept Of Justice
• 1985-09-16Referred TO U.S. Attorney
• 1985-10-10Complaint Filed With Court
• 1987-06-15Final Order Entered
• 1987-06-15Concluded
• 1987-06-15Final Order Lodged
• 1990-08-03Enforcement Action Closed