EPA v. CACY, ROBERT J JR DBA POINTS NORTH CO

Case summary

DEFENDANT OPERATES A GOLD PLACER MINE NEAR CENTRAL, AK WHICH DISCHARGES POLLUTANTS TO DEADWOOD CREEK. THE MINE WAS INSPECTED BY EPA AND THE STATE OF ALASKA IN JULY AND AUGUST 1985. AS A RESULT OF THOSE INSPECTIONS, EPA DETERMINED THAT CACY WAS DISCHARGING POLLUTANTS TO THE WATERS OF THE U S IN VIOLATION OF THE EFFLUENT LIMITATION FOR SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC SET FORTH IN THE NPDES PERMIT ISSUED BY EPA TO CACY FOR THE FACILITY. AFTER REVEIWING THE DISCHARGE MONITORING REPORTS SUBMITTED BY CACY FOR THE 1984 MINING SEASON, EPA DETERMINED THAT CACY HAD VIOLATED THE 1984 PERMIT'S INSTANTANEOUS MAXIMUM EFFLUENT LIMITATION FOR SETTLEABLE SOLIDS AT LEAST 7 TIMES (WITH A HIGH VALUE OF 35.0 ML/L) AND THAT THE MONTHLY AVERAGE LIMIT FOR SETTLEABLE SOLIDS HAD BEEN VIOLATED FOR THE MONTHS OF JULY, AUGUST, SEPTEMBER 1984. THUS, THIS REFERRAL ADDRESSES PERMIT EFFLUENT LIMIT VIOLATIONS FOR BOTH THE 1984 AND 1985 MINING SEASONS. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CWA AND CIVIL PENALTIES OF NOT LESS THAN $15,000 TO $20,000 FOR PAST VIOLATIONS.

Defendants (1)

• CACY, ROBERT J JRNamed in complaintNamed in settlement

Facilities (1)

• CACY ROBERT J JR DBA POINTS

  DEADWOOD CRK, CENTRAL, AK, 99730

  Registry ID: 110010755316

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CACY, ROBERT DBA POINTS NORTHentered 1987-11-02

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1985-09-25Enforcement Action Data Entered
• 1985-09-30Referred To Dept Of Justice
• 1985-12-30Referred TO U.S. Attorney
• 1986-01-08Complaint Filed With Court
• 1987-11-02Final Order Lodged
• 1987-11-02Final Order Entered
• 1987-11-02Concluded
• 1989-03-15Enforcement Action Closed