EPA v. P4 PRODUCTION LLC

Case summary

On June 23, 2011, the final order was entered in the District Court for the District of Idaho, for the complaint and consent decree that was filed on April 20, 2011. The complaint alleges that P4 Production LLC, a subsidiary of Monsanto Company, had unpermitted discharges of leachate from the Horseshoe wasterock dump at its South Rasmussen Mine into an unnamed tributary of Sheep Creek. The discharges, which began in 2004, were high in selenium, zinc, nickel, and cadmium. The phosphate mine is located in southeast Idaho. The company spent several million dollars to stop the leachate discharges in 2010 and separate storm water runoff from commingling with the leachate. The CD provides P4 a 3-year compliance schedule and orders P4 to continue separating the leachate from stormwater and to discharge the stormwater to the unnamed tributary under the Stormwater Multi Sector General Permit for Industrial Activities. It also requires P4 to collect the leachate until P4 has obtained an NPDES permit for its discharge or is under a separate federal or state order that deals with the dump. The settlement calls for P4 Production LLC to pay a penalty of $1.4 million.

Defendants (1)

• P4 Production LLCNamed in complaintNamed in settlement

Facilities (1)

• P4 PRODUCTION LLC - SOUTH RASMUSSEN MINE

  3268 BLACKFOOT RIVER ROAD, SODA SPRINGS, ID, 83276

  Registry ID: 110040437391

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• P4 PRODUCTION LLC - CONSENT DECREEentered 2011-06-23

  Primary law: CWA

  Federal penalty: $1,400,000

Timeline (6 milestones)

• 2009-09-22Enforcement Action Data Entered
• 2009-09-28Referred To Dept Of Justice
• 2011-04-20Complaint Filed With Court
• 2011-04-20Final Order Lodged
• 2011-06-23Final Order Entered
• 2011-06-23Concluded