EPA v. ZORTMAN MINE

Case summary

THIS REFERRAL SEEKS TO REQUIRE ZORTMAN MINING INC. AND PEG- ASUS GOLD CORPORATION TO PAY CIVL PENALTIES FOR THEIR FAIL- URE TO CONTROL DISCHARGES, CHIEFLY RELEASES OF MINE DRAINAGE WATER CONTAINING TOXIC METALS AND CONTAMINATED STORM WATER. ON 7/28/93, EPA SENT THE MONTANA WATER QUALITY DIVISION A NOTICE OF VIOLATIONS INFORMING THEM OF THE VIOLATIONS OF THE CWA. THE MONTANA WATER QUALITY DIVISION FILED A COM- PLAINT AGAINST PEGASUS AND ZMI ON 8/24/93. NEGOTIATIONS BETWEEN THE STATE AND DEFENDANTS ARE BREAKING DOWN. EPA IS CONCERNED WITH THE LACK OF PROGRESS IN THE STATES CASE AND THE ONGOING NATURE OF THE VIOLATIONS. WE SEEK INJUNCTIVE RELIEF AND PENALTIES FOR THIS VIOLATIONS OF THE CWA SECTION 309. EPA SUGGESTS A PENALTY OF $1,500,000. INJUNCTIVE RELIEF CONSISTS OF A SERIES OF PUMPBACK SYSTEMS. HOWEVER, NO DATA HAS BEEN RETRIEVED FROM THESE SITES. CASE IS RELATED TO ANOTHER CASE AGAINST PEGASUS INVOLVING THE LANDUSKY MINE. THE TWO MINES ARE ADJACENT, AND PART OF A SINGLE MINING COMPLEX. THE CASES ARE PROCEEDING CONCUR- RENTLY.

Defendants (2)

• PEGASUS GOLD CORPORATIONNamed in complaintNamed in settlement
• ZORTMAN MINING, INC.Named in complaintNamed in settlement

Facilities (1)

• ZORTMAN MINING INC

  274 ACRES W OF HWY 191, ZORTMAN, MT, 59546

  Registry ID: 110000873163

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PEGASUS GOLD CORP./ZORTMAN MNGentered 1996-07-24

  Primary law: CWA

  Federal penalty: $2,000,000

Timeline (8 milestones)

• 1993-05-11Enforcement Action Data Entered
• 1994-09-29Referred TO U.S. Attorney
• 1994-09-29Referred To Dept Of Justice
• 1995-06-06Complaint Filed With Court
• 1996-07-24Concluded
• 1996-07-24Enforcement Action Closed
• 1996-07-24Final Order Lodged
• 1996-07-24Final Order Entered