EPA v. US Magnesium (fka Mag Corp)

Case summary

THIS REFERRAL REQUESTS INITIATION OF AN ACTION UNDER RCRA AGAINST MAGNESIUM CORP. IN CONJUNCTION WITH ITS ROWLEY, UT MAGNESIUM PRODUCTION FACILITY. USING A PROCESS UNIQUE TO THE ROWLEY FACILITY, MAG CORP PRODUES PURE MAGNESIUM FROM THE MAGNESIUM CHLORIDE SALTS IN WATER FROM THE GREAT SALT LAKE. MAGCORP HAS NEVER APPLIED FOR OR RECEIVED A PERMIT AS REQUIRED BY RCRA AND THUS IT HAS UNLAWFULLY GENERATED, MANAGED, TREATED, STORED, AND DISPOSED OF HAZARDOUS WASTE. THIS CASE WILL INVOLVE THE ISSUE OF WHETHER WASTE GENERATED AT ROWLEY IS EXEMPT FROM REGULATION AS HAZARDOUS WASTE BY VIRTUE OF THE BEVILL AMENDMENT, ALSO CALLED THE BEVILL EXCLUSION. Consent Decree lodging date 1/20/2021, entered by the court on 6/30/2021. 35M pounds - this represents a reduction of chlorinated hydrocarbons that would have been disposed onsite by installation and operation of a filtration plant. 499M pounds - this represents a reduction of hazardous waste generated through facility modifications that will reuse hazardous waste streams that would have been disposed into the onsite waste pond. 7B pounds - this represents a containment of mixed hazardous and Bevill exempt waste through improvements to the waste pond including installation of a vertical hydraulic barrier wall. 532 cubic yards - this represents containment of hazardous waste-contaminated soil via a cap in the courtyard area located between electrolytic buildings 2 and 3.

Defendants (2)

• MAGNESIUM CORPORATIONNamed in complaint
• US MagnesiumNamed in complaintNamed in settlement

Facilities (2)

• MAGNESIUM CORPORATION OF AMERICA

  12819 NORTH SKULL VALLEY ROAD, GRANTSVILLE, UT, 84074

  Registry ID: 110045587352

• US MAGNESIUM LLC

  12819 NORTH SKULL VALLEY ROAD, ROWLEY, UT, 84029

  Registry ID: 110072152855

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• US Magnesium (fka Magesium Corporation)entered 2021-06-30

  Primary law: RCRA

  Federal penalty: $250,000

Timeline (5 milestones)

• 1999-09-28Referred To Dept Of Justice
• 1999-10-13Enforcement Action Data Entered
• 2001-01-16Complaint Filed With Court
• 2021-01-20Final Order Lodged
• 2021-06-30Final Order Entered