EPA v. MAGNUSON, W & A DBA MAGNUSON MINING CO

Case summary

THIS REFERRAL ARISES OUT OF THE PLACER MINING ACTIVITIES OF WARREN E. MAGNUSON AND ALICE M. MAGNUSON, DBA MAGNUSON MINING CO., ON GANES CREEK IN THE MOUNT MCKINLEY MINING DISTRICT OF ALASKA. THE COMPLAINT ALLEGES VIOLATIONS OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. 1311, FOR DISCHARGES OF POLLUT- ANTS INTO GANES CREEK WITHOUT AN NPDES PERMIT DURING THE 1984 AND PRIOR MINING SEASONS, AND IN QUANTITIES GREATLY IN EXCESS OF THE CURRENT PERMIT'S EFFLUENT LIMITATIONS. THE COMPLAINT SEEKS PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PROHIBITING THE MAGNUSONS FROM FURTHER DISCHARGES OF POLLUT- ANTS INTO WATERS OF THE UNITED STATES WITHOUT FIRST OBTAIN- ING AND EXCEPT AS AUTHORIZED BY A PROPERLY ISSUED NPDES PERMIT. THE COMPLAINT ALSO REQUESTS CIVIL PENALTIES IN AN AMOUNT NOT EXCEED $10,000/DAY OF VIOLATION. BECAUSE PRE- LIMINARY INJUNCTIVE RELIEF IS SOUGHT, IT IS IMPERATIVE THAT THIS ACTION BE FILED PRIOR TO THE END OF THE 1984 MINING SEASON.

Defendants (3)

• MAGNUSON MINING CO.Named in complaintNamed in settlement
• MAGNUSON, ALICE M.Named in complaintNamed in settlement
• MAGNUSON, WARREN E.Named in complaintNamed in settlement

Facilities (1)

• MAGNUSON W & A DBA MAGNUSON MINING

  GANES CRK 28 MI W OF CY / PO BOX 100 HAWTHORNE NV, MC GRATH, AK, 99627

  Registry ID: 110010647586

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAGNUSON, WARREN & ALICEentered 1985-08-21

  Primary law: CWA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1984-08-07Enforcement Action Data Entered
• 1984-08-24Referred To Dept Of Justice
• 1984-09-14Complaint Filed With Court
• 1985-08-21Final Order Lodged
• 1985-08-21Final Order Entered
• 1985-08-21Concluded
• 1987-05-11Enforcement Action Closed