EPA v. CUEVAS, DANIEL

Case summary

DEFENDANT OPERATES A GOLD PLACER MINE NEAR BOUNDARY, AK, THAT DISCHARGES POLLUTANTS TO CHERRY CREEK. THE MINE WAS INSPECTED BY EPA AND THE STATE OF ALASKA IN 7/85 AND 8/85. AS A RESULT OF THOSE INSPECTIONS, EPA DETERMINED THAT CUEVAS WAS DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT THE AUTHORIZATION OF AN NPDES PERMIT. FURTHERMORE, THE DISCHARGED POLLUTANTS EXCEEDED THE EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS, TURBIDITY, AND ARSENIC THAT WOULD HAVE BEEN SET FORTH IN AN NPDES PERMIT FOR DISCHARGES FOR THAT FACILITY. DISCHARGES OF POLLUTANTS WITHOUT THE AUTHORIZATION OF AN NPDES PERMIT ARE IN VIOLATION OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT, 33 USC, PARTS 1311 AND 1342. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CLEAN WATER ACT AND CIVIL PENALTIES OF NOT LESS THAN $15,000 TO $20,000 FOR PAST VIOLATIONS.

Defendants (1)

• CUEVAS, DANIELNamed in complaintNamed in settlement

Facilities (1)

• CUEVAS DANIEL

  CHERRY CRK 6 MI S OF CY, BOUNDARY, AK, 99701

  Registry ID: 110010623067

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CUEVAS, DANIELentered 1986-12-18

  Primary law: CWA

  Federal penalty: $2,000

Timeline (7 milestones)

• 1985-11-01Enforcement Action Data Entered
• 1985-12-16Referred To Dept Of Justice
• 1986-03-13Complaint Filed With Court
• 1986-12-18Final Order Lodged
• 1986-12-18Final Order Entered
• 1986-12-18Concluded
• 1987-07-27Enforcement Action Closed