EPA v. ROBERTSON, JUAN/DOUBLE EAGLE MINING CO

Case summary

DEFENDANT JUAN ROBERTSON OPERATES THE DOUBLE EAGLE MINING CO. PLACER MINE NEAR CENTRAL, AK. THE MINE DISCHARGES POLLUTANTS TO PORTAGE CREEK. PRIOR TO 7/23/85, THE MINE WAS CO-OWNED AND OPERATED BY JUAN ROBERTSON AND ROBERT DALE HORCHLER. THEIR PARTNERSHIP WAS TERMINATED ON OR ABOUT 7/23/85, WITH ROBERTSON REMAINING AS SOLE OWNER OF THE CLAIM. THE MINE WAS INSPECTED BY EPA AND THE STATE OF ALASKA ON 7/27/85. AT THE TIME OF THE INSPECTION, ROBERTSON DID NOT HAVE A VALID NPDES PERMIT FOR THE OPERATION. A REVIEW OF EPA FILES INDICATED ROBERT HORCHLER FILED AN APPLICATION THROUGH ANN RHIAN, AN ATTORNEY, FOR AN NPDES PERMIT FOR THIS MINE 7/1/85. EPA AND THE STATE OF ALASKA CONDUCTED INSPECTIONS OF THE MINE IN 8/85. AS A RESULT OF THESE INSPECTIONS, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT A VALID NPDES PERMIT, IN VIOLATION OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT, 33 USC, PARTS 1311 AND 1342. THIS REFERRAL ADDRESSES VIOLATIONS DURING THE 1985 MINING SEASON. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE REFIEF TO PREVENT FURTHER VIOLATIONS OF THE CLEAN WATER ACT AND CIVIL PENALTIES OF NOT LESS THAN $14,000. TO $19,000. FOR PAST VIOLATIONS.

Defendants (3)

• DOUBLE EAGLE MINING CONamed in complaintNamed in settlement
• HORCHLER, ROBERT A.Named in complaintNamed in settlement
• ROBERTSON, JUANNamed in complaintNamed in settlement

Facilities (1)

• ROBERTSON JUAN DBA DOUBLE EAGL

  T7N R14E S34 PORTAGE CRK*, CIRCLE HOT SPRINGS, AK, 99730

  Registry ID: 110010755334

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ROBERTSON/HORCHLER DBA DOUBLEentered 1989-05-02

  Primary law: CWA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1985-11-01Enforcement Action Data Entered
• 1985-12-16Referred To Dept Of Justice
• 1986-03-10Complaint Filed With Court
• 1989-05-02Concluded
• 1989-05-02Final Order Lodged
• 1989-05-02Final Order Entered
• 1992-10-20Enforcement Action Closed