EPA v. NORDLUM, ROGER

Case summary

DEFENDANT ROGER NORDLUM OWNS AND OPERATES A GOLD PLACER MINE NEAR CANDLE, AK PURSUANT TO NPDES PERMIT AK-0042676. DURING THE 1986 MINING SEASON, HE WILFULLY VIOLATED HIS PERMIT AS FOLLOWS: 1) DISCHARGED UNTREATED SLUICE BOX WASTEWATER DIRECTLY INTO CANDLE CREEK; 2) FAILED TO COLLECT EFFLUENT SAMPLES FOR ANALYSIS OF SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC; 3) EXCEEDED EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS AND TURBIDITY; 4) FAILED TO COMPLY WITH BEST MANAGEMENT PRACTICES AND WASTEWATER TREATMENT CONSTRUCTION REQUIREMENTS; 5) FAILED TO SUBMIT DISCHARGE MONITORING REPORTS; 6) FAILED TO SUBMIT WRITTEN NOTICE OF NONCOMPLIANCE. THESE VIOLATIONS WERE DISCOVERED DURING AN ON-SITE INSPECTION BY EPA INVESTIGATORS WHO SPOKE WITH DEFENDANT, PHOTOGRAPHED AND VIDEOTAPED THE PREMISES, AND SAMPLED AND ANALYZED EFFLUENT. THE REGION SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATION OF THE CWA AND STATUTORY MAXIMUM CIVIL PENALTY IN AMOUNT OF $60,000, WITH A PRELIMINARY SETTLEMENT PENALTY OF $21,950. FOR PAST VIOLATIONS. BECAUSE THE MINING SEASON IN ALASKA STARTS IN MAY, AND THE DEFENDANT HAS APPLIED FOR A PERMIT, THE REGION REQUESTS EXPEDITED FILING TO OBTAIN INJUNCTIVE RELIEF.

Defendants (1)

• NORDLUM, ROGERNamed in complaintNamed in settlement

Facilities (1)

• NORDLUM ROGER

  CANDLE CRK CP 21, CANDLE, AK, 99752

  Registry ID: 110010647489

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• NORDLUM, ROGERentered 1991-12-31

  Primary law: CWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1987-02-19Enforcement Action Data Entered
• 1987-10-14Referred To Dept Of Justice
• 1989-09-26Complaint Filed With Court
• 1991-12-31Final Order Lodged
• 1991-12-31Final Order Entered
• 1991-12-31Concluded
• 1992-01-21Enforcement Action Closed