ST. LOUIS — The federal government is suing three companies alleging they violated the Clean Water Act.
The civil action is brought against Environmental Operations Inc., Missouri Cobalt LLC and Missouri Mining Investments related to ongoing and past violations of the CWA at the Madison Mine in Fredericktown, Mo., according to a complaint filed in the U.S. District Court for the Eastern District of Missouri.
The government claims that the Madison Mine, a 1,750-acre subsurface mine, operated intermittently between the 1840s and 1961, producing metals such as copper, lead, cobalt, nickel, iron, zinc and silver.
After its closure in 1961, the mine flooded with groundwater, leading to the contamination of receiving waters with pollutants such as arsenic, cadmium, cobalt, copper, lead, magnesium, nickel, sulfates, thallium and zinc.
The government claims during its operation, mine wastes, known as "chat," were disposed of in piles, and tailings were deposited into impoundments called tailings basins. These mine wastes contained pollutants.
In 2018, Missouri Mining Investments purchased the site with the intention of reclaiming metals from mine waste and reopening the mine, according to the suit. The defendants were involved in operating the site for these purposes.
The government claims the defendants began reprocessing mine wastes in 2019 using froth flotation refining processes to reclaim metals from excavated surface tailings.
Process wastewater generated from this reprocessing was stored in earthen process wastewater containment structures called tailings basins, according to the suit.
The government claims the site was listed on the EPA's Superfund National Priorities List in 2003 and is now part of the Madison County Mines Superfund Site as Operable Unit 2.
In 2018, Missouri Mining Investments entered into a federal administrative settlement with the EPA to conduct a removal action at the Site pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
On Feb. 1, 2019, a permit was issued by the Missouri Department of Natural Resources to Missouri Mining Investments for effluent discharges and stormwater associated with industrial and construction activities. The permit has two permitted outfalls—Outfalls 001 and 002—at the site.
Outfall 001 discharges into Tollar Branch, a tributary of Saline Creek, which then connects to the Little St. Francis River, a traditional navigable water and Outfall 002 also discharges into a tributary of Saline Creek.
There is also an unpermitted discharge point to Goose Creek, which is connected to Saline Creek.
The waterbodies into which the defendants discharged wastewater are considered "navigable waters" and "waters of the United States" under the CWA.
The government claims that the defendants have discharged wastewater containing pollutants through the outfalls and unpermitted discharge points into these waterbodies, in violation of the CWA.
The government is seeking injunctive relief to stop these ongoing violations and civil penalties for past violations. Assistant Attorney General Todd Kim with the Environment & Natural Resources Division of the U.S. Department of Justice; and U.S. DOJ Trial Attorney Natalie Baughman are representing the government.
A US DOJ Public Affairs specialist declined to comment on the matter.
U.S. District Court for the Eastern District of Missouri case number: 4:24-cv-00144