EPA v. PHELPS DODGE CORP

Case summary

THIS CASE CONCERNS DISCHARGES OF RAW MATERIALS AND ACIDIC, METAL-LADEN LEACHATE BY THE DEFENDANT IN VIOLATION OF CWA, RCRA,CERCLA AND SDWA. PHELPS DODGE HAS COVERED PORTIONS OF A 4-MILE REACH OF CHASE CREEK IN AZ. AND ITS WATERSHED WITH LOW-GRADE COPPER ORE & MINE-OVERBURDEN THAT IS IN SOME PLACES 1000 FT. THICK. CHASE CREEK IS A WATER OF THE U.S. WHEN THIS MATERIAL COMES IN CONTACT WITH THE WATER FLOW OF CHASE CREEK, IT GENERATES AND ACIDIC LEACHATE. LEACHATE DISCHARGING FROM ABANDONED UN- DERGROUND MINES, INADEQUATELY CLOSED, ALSO CONTRIBUTES TO THE LEACHATE PROBLEM. PHELPS DODGE HAS A COLLECTION SYSTEM FOR THIS LEACHATE FOR COPPER RECOVERY WHICH WORKS UNDER DRY- WEATHER CONDITIONS. HOWEVER, DURING WET WEATHER, LEACHATE BYPASSES THE COLLECTION SYSTEM AND DISCHARGES INTO THE SAN FRANCISCO RIVER (ALSO A WATER OF THE U.S.). HIGH CONCENTRATIONS OF COPPER, ZINC, MANMGANESE, CADMIUM & LEAD HAVE BEEN MEASURED IN THE S.F RIVER. RESIDUAL CONTAM- INATION HAS BEEN FOUND IN A 100-MILE REACH OF WATERS DOWN- STREAM OF THE MINE THAT INCLUDES THE S.F & GILA RIVERS AND THE SAN CARLOS RESERVOIR. THE DISCHARGE POSES A THREAT TO THE HEALTH AND WELL-BEING OF THE RESIDENTS OF NEARBY TOWNS, WHO USE THE WATERS OF THE RIVERS & RESERVOIR FOR DRINKING & RECREATION. THE DAMAGE TO THE ENVIRONMENT IN FISH KILLS & FOOD CHAIN DEPLETION HAS ADVERSE EFFECTS ON TOURISM & AGRICULTURE. THE PRIMARY PURPOSES OF THIS CASE ARE TO ABATE THE ENDAN- GERMENT TO PUBLIC HEALTH & WELFARE FROM THE RELEASE OF THESE HAZARDOUS SUBSTANCES & TO EVALUATE & REMEDY THE DAMAGE TO THE ENVIRONMENT. EPA SEEKS TO REQUIRE PHELPS DODGE TO STOP ALL ACTIVITIES BEING CONDUCTED WITHOUT THE REQUIRED PERMITS AND TO PREPARE & IMPLEMENT A CLOSURE PLAN FOR THE COPPER EXTRACTION PROCESS CONSTRUCTED IN CHASE CREEK.

Defendants (1)

• PHELPS DODGE CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• PHELPS DODGE MORENCI INCORPORATED

  4521 U.S. HWY. 191, MORENCI, AZ, 85540

  Registry ID: 110039256275

• PHELPS DODGE MORENCI INCORPORATED

  4521 U.S. HWY. 191, MORENCI, AZ, 85540

  Registry ID: 110039256275

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CWA 504 — Emergency Powers
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PHELPS DODGE CORPORATIONentered 1986-10-24

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (8 milestones)

• 1984-09-01Enforcement Action Data Entered
• 1985-03-01Referred To Headquarters
• 1985-04-03Referred To Dept Of Justice
• 1985-05-30Complaint Filed With Court
• 1986-10-24Final Order Lodged
• 1986-10-24Final Order Entered
• 1986-10-24Concluded
• 1988-09-12Enforcement Action Closed