EPA v. SWEET, DAVID DBA ALASKA VENTURES

Case summary

SYNOPSIS THIS IS A DIRECT REFERRAL INVOLVING AN INDUSTRIAL FACILITY (PLACER MINE) DISCHARGING UNTREATED POLLUTANTS INTO NORTH FORK HARRISON CREEK NEAR CIRCLE, ALASKA, WITHOUT AN NPDES PERMIT. DAVID SWEET, DBA ALASKA VENTURES, OPERATED A PLACER MINING FACILITY ON A CLAIM LOCATED ALONG NORTH FORK HARRISON CREEK IN THE CIRCLE MINING DISTRICT NEAR CIRCLE, ALASKA, IN THE VICINITY OF FAIRBANKS. HIS MAIN PURPOSE WAS TO RECOVER GOLD FROM NEAR-SURFACE PLACER DEPOSITS BY PROCESSING THE GOLD- BEARING MATERIAL THROUGH A SLUICE BOX WITH WATER. EPA CONDUCTED AN UNANNOUNCED INSPECTION OF THE MINE ON 8/5/83. AT THE TIME OF THE INSPECTION, SERIOUS VIOLATIONS OF THE CLEAN WATER ACT WERE OBSERVED. MR SWEET HAS NEVER APPLIED FOR OR HELD A NPDES PERMIT. IN ADDITION, MR SWEET HAS HAD TWO CONTACTS WITH THE ALASKA DE- PARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) WHEREIN HE WAS DETERMINED TO BE IN VIOLATION OF ALASKA WATER QUALITY STAN- TARDS IN 1981 AND 1982. THE COMPLAINT ADDRESSES DISCHARGES OF PLACER MINING WASTES (SLUICE WATER) INTO WATERS OF THE U.S. WITHOUT TREATMENT AND WITHOUT A VALID NPDES PERMIT. THE DISCHARGE ALSO VIOLATED STATE WATER QUALITY STANDARDS WHICH WOULD HAVE BEEN THE BASIS FOR ANY SUCH PERMIT. THE COMPLAINT SEEKS BOTH CIVIL PENALTIES NOT TO EXCEED $10,000 PER DAY FOR VIOLATIONS OF 33 U.S.C. 1131 DURING 1982 AND 1983 AND INJUNCTIVE RELIEF FROM FURTHER VIOLATIONS DURING THE 1984 MINING SEASON.

Defendants (1)

• DAVID SWEET, DBA ALASKA VENTURESNamed in complaintNamed in settlement

Facilities (1)

• SWEET DAVID DBA ALASKA VENTURE

  N FK HARRISON CRK DWNSTR OF WILKES, CENTRAL, AK, 99730

  Registry ID: 110010647540

Statutes cited

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

Enforcement conclusions (1)

• SWEET, DAVIDentered 1986-05-02

  Primary law: CWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1984-03-22Enforcement Action Data Entered
• 1984-05-16Referred To Dept Of Justice
• 1984-08-06Complaint Filed With Court
• 1986-05-02Final Order Lodged
• 1986-05-02Final Order Entered
• 1986-05-02Concluded
• 1989-03-23Enforcement Action Closed