EPA v. CLARK, DEXTER & LYNETTE DBA C J MINING

Case summary

DEFENDANTS, LYNETTE & DEXTER CLARK AND C. J. MINING, INC. (A REGISTERED ALASKAN CORPORATION) OPERATE A PLACER MINING FACILITY WITHIN CIRCLE MINING DISTRICT NEAR CENTRAL, AK. THEIR MAIN FACILITY IS LOCATED ON AND HAS BEEN AND IS DISCHARGING POLLUTANTS INTO THE NORTH FORK OF HARRISON CREEK. THE DEFENDANT'S RESIDENCE AND FACILITIES AT ISSUE ARE ALL LOCATED WITHIN THE DISTRICT OF ALASKA. C.J. MINING, INC. WAS INCORPORATED IN THE STATE OF ALASKA AND THE ARTICLES OF INCORPORATION SIGNED 1/24/81. ON 4/20/84 THE CORPORATION WAS DISSOLVED INVOLUNTARILY FOR ITS FAILURE TO FILE A 1982 BIANNUAL CORPORATE REPORT. DEXTER CLARK, THE REGISTERED AGENT, RESPONDED AND C.J. MINING, INC. WAS REINSTATED 6/11/84. THE PURPOSE OF THE DEFENDANT'S PLACER MINING OPERATION ON THE NORTH FORK OF HARRISON CREEK IS TO RECOVER GOLD FROM NEAR-SURFACE PLACER DEPOSITS BY PROCESSING THE GOLD-BEARING DEPOSITS THROUGH A SLUICE BOX WITH WATER. IN JULY OF 1984, ON SEVERAL OCCASIONS, INSPECTORS OBSERVED THAT WATER CONTAM- INATED BY THE DEFENDANT'S SLUICING OPERATION WAS BEING DISCHARGED WITHOUT TREATMENT DIRECTLY INTO THE NORTH FORK OF HARRISON CREEK, NAVIGABLE WATERS OF THE UNITED STATES. AT NO TIME WERE SETTLING PONDS EMPLOYED. DURING THE 1984 MINING SEASON, EPA CONDUCTED THREE UNAN- NOUNCED INSPECTIONS OF DEFENDANT'S HARRISON CREEK FACILITY. THESE INSPECTIONS WERE PROMPTED BY THE CLARKS' HIGHLY PUBLICIZED DECLARATIONS THAT UNDER NO CIRCUMSTANCES WOULD THEY COMPLY WITH THE REQUIREMENTS OF THE CLEAN WATER ACT AND SECURE NPDES PERMIT.

Defendants (3)

• C.J. MINING, INC.Named in complaintNamed in settlement
• CLARK, DEXTERNamed in complaintNamed in settlement
• CLARK, LYNETTENamed in complaintNamed in settlement

Facilities (1)

• CLARK D & L DBA C J MINING INC

  HARRISON CRK N FRK OF, CENTRAL, AK, 99730

  Registry ID: 110010647568

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CLARK, DEXTER & LYNETTEentered 1985-03-14

  Primary law: CWA

  Federal penalty: $7,500

Timeline (8 milestones)

• 1984-07-30Enforcement Action Data Entered
• 1984-08-02Referred To Dept Of Justice
• 1984-08-08Referred TO U.S. Attorney
• 1984-08-09Complaint Filed With Court
• 1985-03-14Final Order Lodged
• 1985-03-14Final Order Entered
• 1985-03-14Concluded
• 1988-04-15Enforcement Action Closed