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In the United States District Court for the Eastern District of Missouri

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In the United States District Court for the Eastern District of Missouri DRRC multi-media Consent Decree IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI UNITED STATES OF AMERICA, and ) STATE OF MISSOURI ) ) Plaintiffs, ) ) ) Civil Action No. ____________ v. ) ) CONSENT DECREE ) THE DOE RUN RESOURCES ) CORPORATION; THE DOE RUN RESOURCES ) CORPORATION d/b/a THE DOE ) RUN COMPANY; and ) THE BUICK RESOURCE ) RECYCLING FACILITY, LLC ) ) Defendants. ) ) DRRC multi-media Consent Decree TABLE OF CONTENTS I. JURISDICTION AND VENUE .................................................................................... -3- II. APPLICABILITY .......................................................................................................... -5- III. DEFINITIONS ............................................................................................................... -8- IV. CIVIL PENALTY ........................................................................................................ -17- V. COMPLIANCE REQUIREMENTS: CLEAN AIR ACT ............................................ -19- A. Sulfur Dioxide and Lead Emissions Compliance Schedule and Interim Limits at the Herculaneum Lead Smelter .............................................. -19- B. Prohibition on Netting Credits or Offsets From Required Controls ................... -25- C. Installation of Pressure Drop Monitor at the Buick Mine/Mill ........................... -26- VI. COMPLIANCE REQUIREMENTS: CLEAN WATER ACT .................................... -27- A. Overview of CWA Requirements ...................................................................... -27- B. Compliance Measures for all CWA Facilities ................................................... -31- VII. CLEAN WATER ACT PERMITS: RESOLUTION OF MISSOURI STATE OPERATING PERMIT APPEALS AND COMPLIANCE DEADLINES ................ -52- A. CWA Permitting Obligations ............................................................................. -52- B. Resolution of Pending MSOP Appeals .............................................................. -53- C. Identification of Remaining Permit Appeal Issues ............................................ -60- D. Site-Specific and Permit-Specific Limitations .................................................. -62- E. WET Sampling and Testing Procedures ............................................................ -72- F. Special Master and Consultant to the Special Master Appointment and Decision-Making Process .................................................................................. -74- -ii- DRRC multi-media Consent Decree G. Procedures for Permit Appeal Issues Before the Special Master ....................... -77- H. Procedures for Finality of Permit Appeal Resolution ........................................ -79- I. Schedule for Compliance With Missouri State Operating Permits ................... -80- VIII. COMPLIANCE REQUIREMENTS: RCRA ............................................................... -84- A. Buick Mine/Mill Facility ................................................................................... -84- B. Buick Resource Recycling Facility .................................................................... -90- C. Herculaneum Lead Smelter Facility ................................................................... -92- IX. SITE REMEDIATION - HERCULANEUM ............................................................... -94- X. FINANCIAL ASSURANCES ..................................................................................... -96- XI. TRANSPORTATION ORDER ................................................................................. -102- XII. COMPLIANCE REQUIREMENTS: APPROVAL OF DELIVERABLES .............. -104- XIII. COMPLIANCE REQUIREMENTS: PERMITS ....................................................... -107- XIV. ADDITIONAL INJUNCTIVE RELIEF .................................................................... -109- XV. ENVIRONMENTAL MITIGATION PROJECTS .................................................... -115- XVI. REPORTING REQUIREMENTS ............................................................................. -119- XVII. STIPULATED PENALTIES ..................................................................................... -123- XVIII. FORCE MAJEURE ................................................................................................... -135- XIX. DISPUTE RESOLUTION ......................................................................................... -138- XX. INFORMATION COLLECTION AND RETENTION ............................................. -141- XXI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS .................................. -143- XXII. COSTS ....................................................................................................................... -154- -iii- DRRC multi-media Consent Decree XXIII. NOTICES ................................................................................................................... -155- XXIV. EFFECTIVE DATE ................................................................................................... -157- XXV. RETENTION OF JURISDICTION ........................................................................... -157- XXVI. MODIFICATION....................................................................................................... -158- XXVII. TERMINATION ........................................................................................................ -158- XXVIII. PUBLIC PARTICIPATION....................................................................................... -160- XXIX. SIGNATORIES/SERVICE ........................................................................................ -161- XXX. INTEGRATION ......................................................................................................... -161- XXXI. FINAL JUDGMENT ................................................................................................. -162- XXXII. APPENDICES ........................................................................................................... -162- -iv- DRRC multi-media Consent Decree WHEREAS, Plaintiff United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), and the State of Missouri, at the relation of Chris Koster, Attorney General, and the Missouri Department of Natural Resources, have filed a joint complaint in this action concurrently with this Consent Decree alleging that Defendants The Doe Run Resources Corporation, The Doe Run Resources Corporation d/b/a “The Doe Run Company,” and The Buick Resource Recycling Facility, LLC violated the following environmental statutes and their implementing federal and state regulations at one or more of each Defendant’s lead smelting, recycling, mining, or milling facilities located throughout Missouri: the Clean Air Act (“CAA”), 42 U.S.C. §§ 7401-7671q for violations of (a) the Federally-enforceable Missouri State Implementation Plan (the “Missouri SIP”), (b) Title V of the Act, 42 U.S.C. §§ 7661-7661f, (c) the Prevention of Significant Deterioration (“PSD”) provisions of the Act, 42 U.S.C. §§ 7470-7492, (d) the New Source Performance Standards (“NSPS”) of the Act, 42 U.S.C. § 7411, and (e) the Nonattainment New Source Review (“NNSR”) requirements of the Act, 42 U.S.C. §§ 7501-7515; the Missouri Air Conservation Law, Chapter 643, RSMo; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901-6992k; the Missouri Hazardous Waste Management Law, §§ 260.350-260.434, RSMo; the Clean Water Act (“CWA”), 33 U.S.C. §§1251-1387; the Missouri Clean Water Law, Chapter 644, RSMo; the Emergency Planning and Community Right-to-Know Act (“EPCRA”), 42 U.S.C. §§ 11001-11050; the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-9675; and the Administrative Order on Consent, Docket No. RCRA-07-2007-0008; -1- DRRC multi-media Consent Decree WHEREAS, the Complaint against Defendant alleges that the U.S. EPA has provided notice of the CAA violations alleged herein to the Defendants and to the State of Missouri pursuant to Section 113(a) of the CAA, 42 U.S.C. § 7413(a), and Defendants stipulate that they have received actual notice of the violations alleged in the Complaint and that they do not contest the adequacy of the notice provided; WHEREAS, the Parties anticipate that the injunctive relief implemented by Defendants pursuant to this Consent Decree will achieve significant reductions in SO2, lead, and other pollutant emissions, thereby improving air, water, and soil quality; WHEREAS, as part of the overall settlement, and in approximately the same timeframe as this Consent Decree is lodged and notice thereof is published in the Federal Register, the U.S. Environmental Protection Agency is finalizing and providing public notice of two administrative orders on consent with The Doe Run Resources Corporation (“DRRC”). First, a modification to an existing administrative order, Docket No. RCRA-07-2007-0008, pertaining to DRRC’s handling and transportation of concentrate, ore, and other lead-bearing materials, will address alleged violations of that order and continue to improve upon DRRC’s transportation practices. Second, a new administrative order, Docket No. RCRA-07-2010-0031, requires DRRC to implement actions consisting of sampling and cleanup of residential properties, churches and high child impact areas in and around DRRC’s smelter in Herculaneum, Missouri, with lead soil concentrations exceeding 400 parts per million (“ppm”);
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