EPA v. ALASKA GOLD CO

Case summary

ALASKA GOLD CO OWNS AND OPERATES PLACER GOLD MINING FACILITY AT NOME, AK. IN 1985 AND 1986, EPA INSPECTORS OBSERVED THE OPERATION OF DREDGE #6 IN VIOLATION OF NPDES PERMIT. WASTEWATER WAS DISCHARGED FROM THE DREDGE POND AND THE THAW FIELD RECYCLE POND TO NORTON SOUND. THE WASTEWATER CONTAINED CONCENTRATIONS OF SETTLEABLE SOLIDS AND TOTAL ARSENIC THAT EXCEEDED THE PERMIT LIMITATIONS. DURING 1985 THE COMPANY DISCHARGED WASTEWATER ASSOCIATED WITH MERCURY AMALGAMATION, WHICH WAS SPECIFICALLY NOT AUTHORIZED UNDER THE NPDES PERMIT. DURING 1985 AND 1986, THE COMPANY FAILED TO MONITOR THE DISCHARGE FROM THE THAW FIELD RECYCLE POND. ON 6/30/86, A COMPLIANCE ORDER WAS ISSUED TO ALASKA GOLD CO, DREDGE #6, FOR VIOLATIONS OF THE PERMIT DURING 1985. DURING THE 1986 MINING SEASON, THE COMPANY VIOLATED THE TERMS OF THE COMPLIANCE ORDER BY NOT BEING IN FULL COMPLIANCE WITH A VALID NPDES PERMIT. THE DISCHARGES FROM DREDGE POND AND THE THAW FIELD RECYCLE POND HAVE CONTINUED TO VIOLATE PROVISIONS SET FORTH IN THE COMPLIANCE ORDER AND THE NPDES PERMIT. THE MAGNITUDE AND EXTENT OF VIOLATIONS THAT OCCURRED IN 1985 AND 1986 COMPEL US TO RECOMMEND THAT A CIVIL ACTION BE TAKEN. SPECIFIC INFORMATION DESCRIBING THE VIOLATIONS ARE ATTACHED ALONG WITH A CIVIL PENALTY CALCULATION. AT THIS TIME, THE STATUTORY MAXIMUM PENALTY IS $4,360,000. AND THE PRELIMINARY MINIMUM SETTLEMENT PENALTY IS $197,760. THIS SETTLEMENT PENALTY DOES NOT INCLUDE THE ABILITY TO PAY OR LITIGATION CONSIDERATIONS, WHICH MAY REDUCE THIS FIGURE.

Defendants (1)

• ALASKA GOLD CONamed in complaintNamed in settlement

Facilities (1)

• ALASKA GOLD CO

  SNAKE RIV 1 MI W OF CY, NOME, AK, 99762

  Registry ID: 110010679710

Statutes cited

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

Enforcement conclusions (1)

• ALASKA GOLD COentered 1987-11-03

  Primary law: CWA

  Federal penalty: $100,000

Timeline (9 milestones)

• 1987-05-14Enforcement Action Data Entered
• 1987-07-06Referred To Headquarters
• 1987-08-05Referred To Dept Of Justice
• 1987-08-17Referred TO U.S. Attorney
• 1987-08-27Complaint Filed With Court
• 1987-11-03Final Order Lodged
• 1987-11-03Final Order Entered
• 1987-11-03Concluded
• 1989-03-15Enforcement Action Closed