EPA v. REGAN, JAMES L ET AL

Case summary

JAMES L. REGAN OWNS AND OPERATES PLACER MINING CLAIMS NEAR CENTRAL, ALASKA. (A PLACER MINE RECOVERS GOLD FROM NEAR- SURFACE PLACER DEPOSITS BY PROCESSING THE GOLD-BEARING MATERIAL THROUGH SLUICE BOXES WITH WATER.) THE FACILITY SPECIFICALLY ADDRESSED BY THIS REFERRAL IS IDENTIFIED BY MR. JAMES L. REGAN, OWNER, IN HIS STATE OF ALASKA 1983 PLACER MINING APPLICATION, LAND USE AND WATER USE PERMITS AND MINING LICENSE NO. 20908. THE ALASKA DEPT OF ENVIRON. CONSERVATION ('ADEC') HAS CON- DUCTED FOUR INSPECTIONS OF REGAN'S FACILITY. ON 6/24/81 REGAN DISCHARGED EFFLUENTS FROM HIS SLUICE BOXES DIRECTLY INTO CROOKED CREEK---HE HAD NO SETTLING PONDS ON THE ENTIRE CLAIM. ON 5/26 AND 8/4, 1982, AN ADEC INSPECTOR AGAIN NOTED THE LACK OF ANY PONDS ON THE REGAN CLAIM. MR. REGAN HAD INSTALLED A SETTLING POND BY ADEC'S 8/17/82 INSPECTION; HOW- EVER REGAN'S OPERATION WAS SHUT DOWN AND THE POND WAS NOT BEING USED DURING THE INSPECTION. ON 8/3/83, EPA INSPECTED THE REGAN OPERATION. AT THAT TIME, TWO SLUICES DISCHARGED INTO FOUR SETTLING PONDS WHICH THEN EMPTIED INTO CROOKED CREEK. AN ANALYSIS OF THE DIS- CHARGE ENTERING CROOKED CREEK SHOWED THAT THE SETTLEABLE SOLIDS STANDARD WAS BEING VIOLATED. EPA CONDUCTED A SECOND UNANNOUNCED INSPECTION ON 8/28/83 AND OBSERVED SERIOUS VIO- LATIONS OF THE CWA. AT THE BEGINNING OF THE 82 MINING SEASON, EPA ISSUED AN AO TO JAMES L. REGAN UNDER SECTION 309 OF THE CWA, REQUIRING THAT HE LIMIT ALL POLLUTANTS DISCHARGED FROM THIS FACILITY DURING THE 1982 SEASON TO A SPECIFIED LEVEL AND THAT HE SUB- MIT MONITORING INFORMATION TO EPA. MR. REGAN FAILED TO SUB- MIT THE MONITORING RESULTS FOR THE 1982 SEASON AS REQUIRED. AS PART OF EPA'S EFFORT TO ISSUE PERMITS DURING THE 1983 PLACER MINING SEASON, ON 9/22/83, JAMES REGAN WAS ISSUED ONE OF THE 278 PERMITS FOR PLACER MINING. AT NO TIME PRIOR TO 9/22/83 DID MR. REGAN POSSESS AN NPDES PERMIT. THE PERMIT REQUIRES REGAN TO SAMPLE AND MONITOR THE EFFLUENT FROM HIS PLACER MINE AND TO REPORT THE RESULTS TO EPA BY 10/30/83. HE HAS FAILED TO SUBMIT THESE RESULTS TO EPA.

Defendants (2)

• REGAN, JAMES L.Named in complaintNamed in settlement
• REGAN, JOHNNamed in complaintNamed in settlement

Facilities (1)

• REGAN JAMES L PLACER MINE

  CROOKED CRK 20 MI FR BIRCH CRK, CENTRAL, AK, 99730

  Registry ID: 110010679499

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• REGAN, JAMES & JOHNentered 1985-07-26

  Primary law: CWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1984-02-17Referred To Dept Of Justice
• 1984-03-16Referred TO U.S. Attorney
• 1984-03-23Complaint Filed With Court
• 1985-07-26Final Order Lodged
• 1985-07-26Final Order Entered
• 1985-07-26Concluded
• 1987-06-23Enforcement Action Closed