EPA v. DALE, JIM DBA J & D MINING

Case summary

JIM DALE, DBA J & D MINING, OPERATES A PLACER MINING FACILITY ON DEEP CREEK, APPROXIMATELY 70 MILES NE OF FAIRBANKS, AK. THE FACILITY IS LOCATED ON CLAIMS OWNED BY RICHARD MCINTOSH AND LEASED TO JIM DALE. EPA CONDUCTED UNANNOUNCED INSPECTIONS OF THE DALE OPERATION 8/28/84 & 9/7/84 JOINTLY WITH THE STATE OF AK DEC. AT THE TIME OF THE INSPECTION, SERIOUS VIOLATIONS OF THE CLEAN WATER ACT WERE OBSERVED. WASTEWATER FROM THE SLUICING OPERATION WAS DISCHARGED TO DEEP CREEK. NO APPLICATION FOR AN NPDES PERMIT HAS BEEN FILED AND NO PERMIT HAS BEEN ISSUED. IN ADDITION, THE WASTEWATER WAS INADEQUATELY TREATED PRIOR TO DISCHARGE, BY THE USE OF SETTLING PONDS. THE COMPLAINT ALLEGES VIOLATIONS OF SECTION 301 OF THE CLEAN WATER ACT, 33 USC, 1311 FOR DISCHARGES FROM DALE'S FACILITY DURING 1984 W/O AN NPDES PERMIT. THE COMPLAINT SEEKS INJUNCTIVE RELIEF AGAINST DEFENDANT TO ENJOIN HIM FROM FURTHER DISCHARGES OF POLLUTANTS INTO THE WATERS OF DEEP CREEK OR ANY OTHER NAVIGABLE WATERS EXCEPT AS AUTHORIZED BY AN NPDES PERMIT. THE COMPLAINT ALSO SEEKS CIVIL PENALTIES IN AN AMOUNT OF $10,000 PER DAY EACH DAY DALE VIOLATED THE CLEAN WATER ACT

Defendants (1)

• DALE, JIMNamed in complaintNamed in settlement

Facilities (1)

• DALE JIM DBA J & D MINING

  DEEP CRK 20 MI N OF FAIRBANKS, CHATANIKA, AK, 99701

  Registry ID: 110010647602

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DALE, JIM DBA J & D MININGentered 1986-12-18

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1984-09-10Enforcement Action Data Entered
• 1984-11-23Referred To Dept Of Justice
• 1984-12-24Referred TO U.S. Attorney
• 1984-12-27Complaint Filed With Court
• 1986-12-18Final Order Lodged
• 1986-12-18Final Order Entered
• 1986-12-18Concluded
• 1988-06-02Enforcement Action Closed