Doe Run Resources 

Corporation Settlement 

Resources

Press Release (10/08/10) 

Consent Decree (PDF)

174pp, 486KB, About PDF)

"For years families with 

children near Doe Run’s 

facilities have been 

exposed to unacceptable 

levels of lead, one of the 

most dangerous 

neurotoxins in the 

environment, infants and 

young children are at the 

greatest risk from lead 

exposure, which even at 

low levels can cause 

behavioral problems, 

learning deficits and 

lowered IQ. Today’s 

settlement requires Doe 

Run to take aggressive 

actions to clean up their act 

and work to ensure that 

families living near the 

company’s facilities are 

protected from lead 

poisoning and other 

harmful pollution." - Cynthia 

Giles, Assistant Administrator of 

EPA’s Office of Enforcement and 

Compliance and Assurance.

You are here: EPA Home Compliance and Enforcement Enforcement Civil 

Enforcement Information Resources Civil Cases and Settlements Doe Run Resources 

Corporation Settlement

Doe Run Resources Corporation Settlement 

(Washington, DC - October 08, 2010) Doe Run Resources 

Corp. of St. Louis, North America’s largest lead producer, has 

agreed to spend approximately $65 million to correct violations 

of several environmental laws at 10 of its lead mining, milling 

and smelting facilities in southeast Missouri, the Justice 

Department, Environmental Protection Agency (EPA) 

and the Missouri Department of Natural Resources 

announced today. The settlement also requires the 

company to pay a $7 million civil penalty. 

On this page:

Overview of Company and Facility Locations 

Violations

Injunctive Relief

Pollutant Reductions 

Health and Environmental Effects

Civil Penalty

State Partners

Comment Period

Contact 

Overview of Company and 

Facility Locations 

The Doe Run Resources Corporation and The Buick 

Resource Recycling Facility, LLC (collectively Doe Run), 

operate a lead mining company headquartered in St. 

Louis with facilities in an area of southeast Missouri 

known as the Viburnum Trend. 

Doe Run owns and operates the only remaining 

primary lead smelter in the United States in 

Herculaneum, Mo. Doe Run also owns and operates 

several mining and milling facilities throughout the 

Viburnum Trend, as well as a secondary lead smelter

(Buick Resource Recycling Facility), and a former 

primary lead smelter (Glover Facility). 

Ore from the mines at the Doe Run facilities is crushed, milled, and processed; lead 

concentrate is then transported from the mills by contract carrier trucks 110 miles to the 

Civil Enforcement

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Herculaneum smelter for smelting and refining, or 120 miles to the Southeast Missouri Port 

Authority to be loaded onto barges for shipment overseas, mostly to China.

The facilities involved in this settlement are all located in Missouri and listed below:

Brushy Creek Mine/Mill Facility, Bunker, Mo.

Buick Mine/Mill Facility, Boss, Mo.

Buick Resources Recycling Facility, Boss, Mo.

Fletcher Mine/Mill Facility, Bunker, Mo.

Glover Facility, Annapolis, Mo.

Herculaneum Lead Smelter Facility, Herculaneum, Mo.

Sweetwater Mine/Mill Facility, Ellington, Mo.

Viburnum Mine #35 (Casteel) Facility, Bixby, Mo.

Viburnum Mine/Mill Facility, Viburnum, Mo.

West Fork Unit Facility, Bunker, Mo.

Violations 

Doe Run has agreed to a proposed Consent Decree resolving civil violations of the following 

federal laws: 

Clean Air Act (CAA), 42 U.S.C. §§ 7410, 7412, 7475, 7503, 7661a, 7661b, and 7661c 

Clean Water Act (CWA), 33 U.S.C. §§ 1311, 1321, and 1342

Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6925-6935, and 6973

Emergency Planning and Community Right-To-Know Act (EPCRA), 42 U.S.C. §§ 11004 

and 11023

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 

42 U.S.C. § 9603

Injunctive Relief

The proposed consent decree requires the injunctive measures below which are estimated to 

cost $65.8 million. Doe Run has already corrected the EPCRA/CERCLA violations.

To address the CAA violations, Doe Run will:

Shut down the acid plant and sintering machine and stop shipping lead concentrate to 

the Herculaneum facility by December 31, 2013.

Comply with a production limit of 130,000 tons per year (tpy) of finished primary lead 

on a 12-month rolling average across its facilities until the shutdown in 2013.

Comply with the following rates and caps: 

Sinter production shall not exceed a 12-month rolling tonnage of 326,370 tons. 

Blast furnace sinter consumption shall not exceed a 12-month rolling tonnage of 

326,370 tons.

Emissions of lead shall comply with the 1.0 pound per ton of lead limit set forth 

in 40 C.F.R. § 63.1543. 

Continuously operate certified emission rate monitors (CERMS) for sulfur dioxide 

(SO2) at the smelter. 

Obtain federally enforceable state-issued permits and update its Title V permits to 

reflect the injunctive relief requirements of the consent decree. 

To address the CWA violations, Doe Run will:

Ensure continuing compliance with its current and future National Pollutant Discharge 

Elimination System (NPDES) permits: 

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Participate in an expedited process for resolving permit appeals it has filed 

relating to recently issued NPDES permits for its facilities in southeast Missouri. 

New NDPES permit limits at Doe Run’s facilities contain more stringent water 

quality-based limits. Doe Run may ultimately need to install major controls in 

order to comply with them. 

Conduct informal negotiation with the Missouri Department of Natural Resources 

(MDNR) and the use of a court-appointed dispute-resolver to determine any 

remaining permit issues. 

Abide by the dispute-resolver’s decision and waive further appeal rights under 

state law. 

Collect surface and underground water data to evaluate water quality and potential 

for pollutant load reductions at ten of its facilities. Using this data, Doe Run will: 

Establish underground water management plans at each facility designed to 

assess procedures and methodologies to reduce metals loadings in mine water 

and underground process water. 

At each facility, establish surface water management plans to manage process 

wastewater and stormwater (including mine water pumped to the surface) in 

compliance with all NPDES permits.

Complete several site-specific measures at the following facilities: 

Herculaneum facility

Install and continuously operate a second lime slurry tank to address pH 

consistency.

Assess the characteristics of water entering the slag water collection 

system and investigate potential for treatment.

Install a truck wash recycling system to recycle wash water and reduce 

hydraulic loading to the wastewater treatment plant.

Glover facility 

Evaluate the effectiveness of chemical reagents used at the wastewater 

treatment plant and implement any recommended changes in the use of 

these chemicals.

Evaluate the use of sodium sulfide to reduce thallium in the wastewater 

treatment system and implement any recommendations provided through 

this evaluation. 

Remove any slag washed out of the slag storage area and stabilize the 

containment berm around the slag storage area.

Buick Resource Recycling Facility

Continuously operate an additional sand vertical gravity filter at the 

wastewater treatment plant.

Install equipment for recycling non-contact cooling water in the battery 

desulfurization and crystallization areas and install return pumps for the 

blast furnace cooling water to allow reuse of the non-contact cooling 

water. 

West Fork Facility 

Remove and replace the substrate in the north biocell of the wastewater 

treatment plant and eliminate the discharge from the domestic 

wastewater treatment unit

To address the RCRA violations, Doe Run will: 

Take various measures to correct RCRA violations identified at the Brushy Creek, 

Buick Resource Recycling, and Herculaneum Lead Smelter facilities during prior 

inspections, comply with permits, and improve general RCRA compliance. 

Investigate and clean up the Herculaneum facility to health-based cleanup levels 

appropriate for the designated future use of the property after shutdown of the 

Herculaneum smelter. 

Provide initial financial assurance of $8.14 million in the form of a trust fund to be 

completely funded over the next three years for the cleanup work at Herculaneum. 

The trust fund will be used in the event the company is unable to perform the cleanup

action. 

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Air Pollutants Tons per Year (tpy)

Carbon Dioxide (CO2) 101,000 tpy

Sulfur Dioxide (SO2) 42,000 tpy

Expand its financial assurance and remediation accordingly should more significant 

engineering controls or greater monitoring be required as a result of the siteinvestigation. 

Provide financial assurance for the cleanup of its six active or former mine and mill 

facilities including Brushy Creek, Buick, Fletcher, Sweetwater, Viburnum, and West 

Fork. The total cost of this financial assurance is currently estimated by Doe Run to 

be $20-25 million in 2010 dollars.

Transportation and Yard Contamination Injunctive Relief

EPA and Doe Run have agreed on a modification of a 2007 administrative order on

consent (Modified AOC) that requires: 

Improved washing and inspection of trucks hauling lead-bearing materials.

Independent auditing of the washing and inspection activities.

Additional sampling of residential properties along the truck routes used for 

hauling lead-bearing materials.

An assessment to implement improvements to its transportation and handling

operations. 

In order to address contamination revealed in Herculaneum residential yards, Doe 

Run is entering into a RCRA AOC (Yard AOC) requiring: 

Annual sampling of all residential properties, vacant lots, and high child impact 

areas (e.g., schools, day care centers, churches) within 1.5 miles of its smelter 

facility.

Cleanup of all properties with lead soil concentrations above a 400 parts per 

million (ppm) action level within 18 months. 

Once the smelter operation is shut down at the end of 2013 and the smelter property 

is cleaned up, Doe Run will sample all residential properties, vacant lots, and high 

child impact areas one final time and clean up any additional properties with lead soil 

concentrations above 400 ppm. 

Additional Injunctive Relief

This settlement will require Doe Run to expend no less than $17.5 million to implement the 

following additional injunctive relief measures:

Enclosure of lead concentrate handling, loading, and storage areas under negative 

pressure with emissions routed to a baghouse at four facilities over the next five 

years (and any future facility at the time of opening) at an estimated cost of $10-12 

million. 

Stream mitigation activities on 8.5 miles of Bee Fork Creek (near Fletcher Mine/Mill)

at an estimated cost of $5.8 million. 

Mitigation projects in the affected communities over the next four year at an 

estimated cost of $2 million, including a minimum of 

$300,000 for clean diesel retrofits

$200,000 for school laboratory clean-outs

$300,000 in school energy efficiency projects

$300,000 in ground source heat pump projects 

Pollutant Reductions

As a result of this settlement, Doe Run will reduce the following pollutants by the amounts 

below:

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Lead (Pb) 162 tpy

Particulate Matter (PM10) 23 tpy

Carbon Monoxide (CO) 22 tpy

Nitrous Oxides (NOx) 13.5 tpy

Volatile Organic Chemicals (VOCs) 2.5 tpy

Water Pollutants Tons per Year (tpy)

Oil & Grease 140.5 tpy

Zinc 41.8 tpy

Nitrate 16.4 tpy

Total Suspended Solids 6.4 tpy

Chemical Oxygen Demand 5.4 tpy

Lead 3.5 tpy

Cadmium 0.95 tpy

Biochemical Oxygen Demand 0.89 tpy

Arsenic 0.13 tpy

Copper 0.08 tpy

Health and 

Environmental Effects 

The pollutants reduced under this settlement are known to have numerous adverse, 

significant environmental and health effects. 

Lead: Lead at high levels can cause convulsions, coma, and even death. Lower levels 

of lead can cause adverse health effects on the central nervous system, kidney, and 

blood cells. Fetuses, infants, and children are more vulnerable to lead exposure than 

adults since lead is more easily absorbed into growing bodies, causing delays in 

physical and mental development, lower IQ levels, shortened attention spans, and 

increased behavioral problems. 

Doe Run’s remediation of contaminated yards and high child-impact areas as well as 

its transportation improvements are estimated to reduce lead pollution by a total of 

822 tons.

Sulfur Dioxide: High concentrations of sulfur dioxide affect breathing and may 

aggravate existing respiratory and cardiovascular disease. Sensitive populations 

include asthmatics, individuals with bronchitis or emphysema, children, and the 

elderly. Sulfur dioxide is also a primary contributor to acid rain. 

Nitrogen Oxides – Nitrogen oxides can cause ground-level ozone, acid rain, particulate 

matter, global warming, water quality deterioration, and visual impairment. Nitrogen 

oxides play a major role, with volatile organic chemicals, in the atmospheric reactions 

that produce ozone. Children, people with lung diseases such as asthma, and people 

who work or exercise outside are susceptible to adverse effects such as damage to 

lung tissue and reduction in lung function. 

Volatile Organic Compounds: VOCs, along with NOx, play a major role in the

atmospheric reactions that produce ozone, which is the primary constituent of smog. 

People with lung disease, children, older adults, and people who are active can be 

affected when ozone levels are unhealthy. Ground-level ozone exposure is linked to a 

variety of short-term health problems, including lung irritation and difficulty 

breathing, as well as long-term problems, such as permanent lung damage from 

repeated exposure, aggravated asthma, reduced lung capacity, and increased 

susceptibility to respiratory illnesses such as pneumonia and bronchitis. 

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Carbon Monoxide: Carbon Monoxide is a colorless, odorless gas that is formed when 

carbon in fuel is not burned completely. It is a component of motor vehicle exhaust, 

which contributes about 56 percent of all Carbon Monoxide emissions nationwide. 

Carbon monoxide can cause harmful health effects by reducing oxygen delivery to the 

body's organs (like the heart and brain) and tissues. 

Carbon Dioxide: Carbon dioxide is one of six greenhouse gases subject to an April 

17, 2009 proposed endangerment finding.

Particulate Matter: Short term exposure to PM can aggravate lung disease, cause

asthma attacks and acute bronchitis, may increase susceptibility to respiratory 

infections and has been linked to heart attacks.

Arsenic: Arsenic is a carcinogen, and chronic exposure can result in fatigue, 

gastrointestinal distress, anemia, neuropathy, and skin lesions that can develop into 

skin cancer in mammals. 

Cadmium: Cadmium is a probable carcinogen, and can cause pulmonary irritation 

and kidney disease. 

Copper: Drinking water containing large concentrations of copper can cause

gastrointestinal distress and liver or kidney damage. High concentrations of copper 

can become toxic to aquatic life.

Zinc: Zinc can cause stomach cramps, nausea, vomiting, and anemia. 

Civil Penalty

Doe Run will pay a $7 million penalty, to be shared equally between the United States and 

Missouri. 

State Partners

Missouri is a co-plaintiff

Comment Period

The proposed settlement, to be lodged in the U.S. District Court for the Eastern District of 

Missouri, as well as the Modified AOC and the Yard AOC, are subject to a 30-day public 

comment period and final court or EPA approval. Information on submitting comments is 

available at the Department of Justice website. 

For more information, contact:

Danielle Fidler 

U.S. EPA 

Special Litigation & Projects Enforcement Division 

1200 Pennsylvania Ave., NW 

Washington DC 20460 

(202) 564-0660 

fidler.danielle@epa.gov

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Last updated on Tuesday, October 12, 2010

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