EPA v. BIRDSELL, RUSSELL

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 8/85. AS A RESULT OF THAT INSPECTION, EPA DETERMINED THAT BIRDSELL WAS DISCHARGING POLLUTANTS TO WATERS OF THE U.S. IN VIOLATION OF THE EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS AND TURBIDITY SET FORTH IN THE NPDES PERMIT ISSUED BY EPA TO BIRDSELL FOR DISCHARGES FROM THE FACILITY. DISCHARGES OF POLLUTANTS WHICH DO NOT COMPLY WITH THE TERMS AND CONDITIONS OF THE PERMIT ARE IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 USC PART 1311. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CLEAN WATER ACT AND CIVIL PENALTIES OF NOT LESS THAT $8,000 TO $13,000 FOR PAST VIOLATIONS.

Defendants (1)

• BIRDSELL, RUSSELLNamed in complaintNamed in settlement

Facilities (1)

• BIRDSELL RUSSELL DBA BIRDSELL

  CHERRY CRK TRIB TO WALKER FRK, BOUNDARY, AK, 99701

  Registry ID: 110010623076

Statutes cited

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

Enforcement conclusions (1)

• BIRDSELL, RUSSELLentered 1987-08-05

  Primary law: CWA

  Federal penalty: $8,000

Timeline (7 milestones)

• 1985-11-01Enforcement Action Data Entered
• 1985-12-16Referred To Dept Of Justice
• 1986-03-10Complaint Filed With Court
• 1987-08-05Final Order Lodged
• 1987-08-05Final Order Entered
• 1987-08-05Concluded
• 1989-03-23Enforcement Action Closed