EPA v. MAGIC CIRCLE INC

Case summary

MAGIC CIRCLE INC. AND STEPHEN R. WEBER OPERATE A GOLD PLACER MINE NEAR CENTRAL, AK WHICH DISCHARGES POLLUTANTS TO DEADWOOD CREEK. THE MINE WAS INSPECTED BY EPA IN JULY 1984 AND IN JULY AND AUGUST 1985. AS A RESULT OF THOSE INSPECTIONS, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING POLLUTANTS TO WATERS OF U S IN VIOLATION OF THE 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 1985 PERMIT VIOLATIONS. DISCHARGES OF POLLUTANTS WHICH DO NOT COMPLY WITH THE TERMS AND CONDITIONS OF THE PERMIT ARE IN VIOLATION OF SEC 301 OF CWA, 33 USC, PART 1311. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CWA AND CIVIL PENALTIES OF NOT LESS THAN $18,000 TO $23,000 FOR PAST VIOLATIONS.

Defendants (2)

• MAGIC CIRCLE INCNamed in complaintNamed in settlement
• WEBER, STEPHENNamed in complaintNamed in settlement

Facilities (1)

• WEBER STEPHEN MAGIC CIRCLE IN

  DEADWOOD CRK, CENTRAL, AK, 99730

  Registry ID: 110010623049

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MAGIC CIRCLE INC/WEBERentered 1987-08-12

  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
• 1987-08-12Final Order Lodged
• 1987-08-12Final Order Entered
• 1987-08-12Concluded
• 1989-03-23Enforcement Action Closed