EPA v. PROMISED LAND MINING

Case summary

PROMISED LAND MINING, A GENERAL PARTNERSHIP, AND JAMES L. MUNSELL, A GENERAL PARTNER THERETO, OPERATE A GOLD PLACER MINE NEAR LIVENGOOD, AK WHICH DISCHARGES POLLUTANTS TO BUTTE CREEK. THE MINE WAS INPSECTED BY EPA AND THE STATE OF ALASKA IN AUGUST 1984 AND JULY 1985. AS A RESULT OF THOSE INSPECTIONS, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING POLLUTANTS TO THE WATERS OF THE U S IN VIOLATION OF THER EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC AS SET FORTH IN THE 1984 AND 1985 NPDES PERMITS ISSUED TO DEFENDANTS BY EPA FOR DISCHARGES FROM THE FACILITY. THIS REFERRAL ADDRESSES BOTH THE 1984 AND THE 1985 PERMIT VIOLATIONS. DISCHARGES OF POLLUTANTS WHICH DO NOT COMPLY WITH THE TERMS AND CONDITIONS OF AN NPDES PERMIT ARE IN VIOLATION OF SEC 301 OF CWA, 33 USC, 1311. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF CWA AND CIVIL PENALTIES OF NOT LESS THAN $12,000 TO $17,500 FOR PAST VIOLATIONS.

Defendants (3)

• MUNSELL, JAMESNamed in complaintNamed in settlement
• PROMISED LAND MININGNamed in complaintNamed in settlement
• ANDERSON, WHITTENNamed in complaintNamed in settlement

Facilities (1)

• MUNSELL JAMES L PROMISED LAND

  BUTTE CRK, FAIRBANKS, AK, 99701

  Registry ID: 110010623021

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PROMISED LAND MINING/ANDERSONentered 1987-07-29

  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
• 1987-07-29Final Order Lodged
• 1987-07-29Final Order Entered
• 1988-02-09Concluded
• 1992-01-17Enforcement Action Closed