2/9/15 - This case is part of the National Priority for Mining and Mineral Processing, which has special emphasis on mineral processing facilities that produce phosphoric acid because evidence shows they can cause widespread environmental damage.
In 2005, EPA Region 4, in conjunction with the Mississippi Department of Environmental Quality (MDEQ), determined MPC was managing wastewaters inconsistent with a hazardous waste exemption known as the Bevill Exemption. Because of MPC's management of the wastewater, MPC was illegally treating, storing and disposing of RCRA regulated hazardous wastewaters.
EPA originally referred the case to the Department of Justice (DOJ) on September 23, 2005, for alleged violations associated with the management and disposal of RCRA regulated hazardous wastewaters. On September 3, 2010, EPA sent a supplemental referral to DOJ for alleged violations associated with the disposal of other RCRA regulated hazardous wastes.
EPA and MPC entered into a RCRA Section 3013 Sampling and Analysis Administrative Consent Order requiring site-wide sampling and analysis to determine if contamination exists on-site or may potentially migrate off-site.
Due to unsafe working conditions discovered in 2009, EPA issued MPC a RCRA Section 7003 Imminent and Substantial Endangerment Unilateral Administrative Order (7003). A second 7003 issued on consent in 2012 was due to MPC's management of corrosive wastewaters.
On Monday, October 27, 2014, Mississippi Pho