EPA v. PHELPS DODGE MORENCI INC.

Case summary

THIS IS AN ADMINISTRATIVE PENALTY ORDER ISSUED TO PHELPS DODGE MORENCI INCORPORTED PURSUANT TO CWA SECTION 309. THE COMPLAINT CHARGES PHELPS WITH RELEASE OF PREGNANT LEACH SOLUTION AT THE MORENCI MINE NEAR MORENCI, ARIZONA. PHELPS HOLDS A PERMIT FOR STORMWATER OVERFLOW ALLOWANCE, BUT THE UNAUTHORIZED DISCHARGE RESULTED WHEN EXCESS COPPER ACCUMULATED IN AN IMPOUNDMENT OF STORMWATER AND THAT WATER THEN OVERFLOWED THE IMPOUNDMENT AND EVENTUALLY REACHED THE NEARBY CHASE CREEK. A COMPLAINT SEEKIING A PENALTY OF $12,500 WAS ISSUED. AFTER A COMMENT PERIOD, A CONSENT AGREEMENT WAS FILED WITH A FINAL ORDER ASSESSING THE PENALTY OF $12,500. THAT PENALTY HAS NOW BEEN PAID AND THIS CASE IS CLOSED.

Defendants (1)

• PHELPS DODGE MORENCI INC.Named 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

• CWA 309G — Clean Water Act

Enforcement conclusions (1)

• PHELPS DODGE MORENCI INC.entered 1998-07-20

  Primary law: CWA

  Federal penalty: $12,500

Timeline (4 milestones)

• 1998-03-17Complaint Filed/Proposed Order
• 1998-07-20Final Order Issued
• 1998-08-20Enforcement Action Closed
• 1998-10-22Enforcement Action Data Entered