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D. Montana CR-21-25-BU-DLC
U.S. Minerals manufactured silicate abrasive, a substance sold to industrial and governmental customers. Raw materials used in the production process were obtained from a waste copper slag pile, located within the Anaconda Superfund site. Processing the slag generates dust, which releases inorganic arsenic into the air. From July 2015 until February 2019, U.S. Minerals negligently released inorganic arsenic, a hazardous air pollutant, into the air and exposed employees. Exposure to arsenic is known to cause lung and skin diseases, including an increased risk of skin cancer, and may also cause cardiovascular effects and other cancers.
In 2015, the National Institute for Occupational Safety and Health (NIOSH) and OSHA each inspected the site and found numerous violations of health and safety standards that resulted in $106,800 in OSHA penalties.
In 2018, the Montana Department of Public Health and Human Services learned of health-related issues affecting U.S. Minerals employees, visited the site and informed the company that its employees were exposed to “apparent inhalation hazards” from dust. A second inspection found the violations were unresolved. Montana shut down U.S. Minerals in February 2019. When the state allowed operations to resume in March 2019, employees continued to test high for arsenic and lead.
U.S. Minerals, Inc., a corporation that admitted to exposing employees at its former Anaconda plant to elevated levels of arsenic, was sentenced to a maximum probationary term, fined and ordered to enact a medical monitoring plan for workers at the Montana plant and a nationwide environmental health and safety plan at its five other plants.
U.S. Minerals was sentenced as recommended in a plea agreement to a maximum of five years of probation and to ordered to pay a $393,200 fine. The criminal fine is in addition to civil penalties totaling $106,800 imposed by the Occupational Safety and Health Administration in a related civil proceeding, bringing the total amount to be paid by U.S. Minerals to $500,000.
Probationary conditions require U.S. Minerals to implement a medical monitoring program for employees who were exposed to elevated levels of arsenic during their work at the Anaconda plant and a nationwide environmental health and safety plan at all five of its plants throughout the United States. The Anaconda plant ceased operations in June. The company operates plants in Illinois, Wisconsin, Kansas, Texas and Louisiana.- Clean Air Act (CAA)