THIS IS AN ADMINISTRATIVE PENALTY ORDER ISSUED TO PHELPS DODGE MORENCI INCORPORTED PURSUANT TO CWA SECTION 309. THE COMPLAINT CHARGES PHELPS WITH RELEASE OF PREGNANT LEACH SOLUTION AT THE MORENCI MINE NEAR MORENCI, ARIZONA. PHELPS HOLDS A PERMIT FOR STORMWATER OVERFLOW ALLOWANCE, BUT THE UNAUTHORIZED DISCHARGE RESULTED WHEN EXCESS COPPER ACCUMULATED IN AN IMPOUNDMENT OF STORMWATER AND THAT WATER THEN OVERFLOWED THE IMPOUNDMENT AND EVENTUALLY REACHED THE NEARBY CHASE CREEK. A COMPLAINT SEEKIING A PENALTY OF $12,500 WAS ISSUED. AFTER A COMMENT PERIOD, A CONSENT AGREEMENT WAS FILED WITH A FINAL ORDER ASSESSING THE PENALTY OF $12,500. THAT PENALTY HAS NOW BEEN PAID AND THIS CASE IS CLOSED.