SYNOPSIS OF THE CASE TOM-KAT DEVELOPMENT, INC., DBA TOM-KAT DEVELOPMENT, INC., OPERATES THREE PLACER MINING FACILITIES ON CLAIMS NEAR FERRY, ALASKA. THEIR MAIN PURPOSE IS TO RECOVER GOLD FROM NEAR-SURFACE PLACER DEPOSITS BY PROCESSING THE GOLD BEARING MATERIAL THROUGH SLUICE BOXES WITH WATER. THE FAC- ILITY SPECIFICALLY ADDRESSED BY THIS REFERRAL IS IDENTIFIED BY MR. BURTON CARVER, OWNER, IN HIS STATE OF ALASKA 1983 ANNUAL PLACER MINING APPLICATION, LAND USE AND WATER USE PERMITS AND MINING LICENSE AS OPERATION #1. EPA CONDUCTED AN UNANNOUNCED INSPECTION OF OPERATION #1 ON JULY 20, 1983. AT THE TIME OF THE INSPECTION, SERIOUS VIOLATIONS OF THE CLEAN WATER ACT WERE OBSERVED. NO APPLI- CATION FOR A PERMIT HAS BEEN FILED AND NO PERMIT HAS BEEN ISSUED; HOWEVER, THE MINE WAS DISCHARGING POLLUTANTS TO MOOSE CREEK WITHOUT ANY TREATMENT. A 309 ORDER ISSUED TO BURTON CARVER, TOM-KAT DEVELOPMENT, INC., REQUIRED THAT ALL POLLUTANTS DISCHARGED FROM THIS FACILITY DURING THE 1982 SEASON BE LIMITED TO A CERTAIN LEVEL AND MONITORED. THE COMPANY FAILED TO SUBMIT THE MONITORING RESULTS FOR THE 1982 SEASON AS REQUIRED BY THE ORDER.