EPA v. THREE CHANNEL MINING

Case summary

DEFENDANTS OPERATE A GOLD PLACER MINE NEAR CENTRAL, AK WHICH DISCHARGES POLLUTANTS TO DEADWOOD CREEK. THE MINE WAS INSPECTED BY EPA IN JULY 1985. AS A RESULT OF THAT INSPECTION, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING POLLUTANTS TO WATERS OF THE U S IN VIOLATION OF THE EFFLUENT LIMITATIONS REFLECTED IN THE NPDES PERMITS ISSUED BY EPA TO PLACER MINERS IN ALASKA. THE SPECIFIC EFFLUENT LIMITATIONS WHICH WERE VIOLATED WERE THOSE FOR SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC. FURTHER, BASED UPON STATEMENTS MADE BY THOMPSON, DEFENDANTS FAILED TO COMPLY WITH THE MONITORING REQUIREMENTS FOR SETTLEABLE SOLIDS AS SET FORTH IN THE PERMITS. RESEARCH OF EPA'S NPDES PERMITTING FILES ESTABLISHED THAT DEFENDANTS HAD NOT BEEN ISSUED AN NPDES PERMIT AUTHORIZING DISCHARGES TO DEADWOOD CREEK IN EITHER 1984 OR 1985. HOWEVER, PERMITS HAD BEEN ISSUED TO THE CLAIM OWNER(KNAEBEL) AND OTHER PREVIOUS LEASEHOLDER OF THE CLAIMS (BERGELIN). BECAUSE IT IS UNKNOWN WHETHER DEFENDANTS WILL CLAIM TO BE OPERATING UNDER AUTHORITY OF A PERMIT ISSUED TO KNAEBEL OR BERGELIN, EPA FINDS THAT DEFENDANTS ARE IN VIOLATION OF SEC 301 OF CWA, 33 USC FOR DISCHARGING POLLUTANTS WITHOUT FIRST BEING ISSUED AN NPDES PERMIT, THE ALTERNATIVE, DEFENDANTS ARE IN VIOLATION OF SEC 301 OF CWA DISCHARGING AND FAILING TO MONITOR IN VIOLATION OF AN APPLICABLE PERMIT. BASED UPON INFORMATION SET FORTH IN A STATE OF ALASKA PLACER MIING APPLICATION FOR THE 1984 MINING SEASON SUBMITTED BY DEFENDANTS, EPA HAS REASON TO BELIEVE THAT DEFENDANTS DISCHARGED POLLUTANTS IN 1984 AS WELL AS 1985 AND, THEREFORE, FINDS THAT IT IS APPROPRIATE TO ALLEGE THE ABOVE VIOLATIONS FOR BOTH 1984 AND 1985. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CWA AND CIVIL PENALTIES OF NOT LESS THAN $12,000 TO $14,000 FOR PAST VIOLATIONS.

Defendants (5)

• BEACH RIVER CORPNamed in complaintNamed in settlement
• BEMIS, WILLIAM
• BERGELIN, JOHN.Named in complaintNamed in settlement
• THOMPSON, HARLOW JNamed in complaintNamed in settlement
• THREE CHANNEL MININGNamed in complaintNamed in settlement

Facilities (1)

• THREE CHANNEL MINING HARLOW J

  DEADWOOD CRK, CIRCLE HOT SPRINGS, AK, 99730

  Registry ID: 110010623030

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• THREE CHANNEL MNG/THOMPSONentered 1987-09-22

  Primary law: CWA

  Federal penalty: $10,000

• THREE CHANNEL MINING/BERGELINentered 1988-05-25

  Primary law: CWA

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
• 1988-05-25Concluded
• 1988-05-25Final Order Lodged
• 1988-05-25Final Order Entered
• 1992-10-20Enforcement Action Closed