DEFENDANTS OPERATE A GOLD PLACER MINE NEAR LIVENGOOD, AK. THE MINE DISCHARGES POLLUTANTS TO WILBER CREEK, TRIBUTARY TO THE TOLOVANA RIVER. THE TOLOVANA RIVER HAS BEEN DESIGNATED AS A PRIORITY DRAINAGE BY THE STATE OF ALASKA. THE MINE WAS INSPECTED BY EPA AND THE STATE OF ALASKA IN JULY AND AUGUST 1985. AS A RESULT OF THOSE INSPECTIONS, EPA DETERMINED THAT RYBACHEKS WERE DISCHARGING POLLUTANTS TO WATERS OF THE U S IN VIOLATION OF THE EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC SET FORTH IN THE NPDES PERMITS ISSUED BY EPA TO PLACER MINERS IN ALASKA. AFTER REVIEWING THE DISCHARGE MONITORING REPORTS SUBMITTED BY RYBACHEKS FOR THE 1984 MINING SEASON, EPA DETERMINED THAT RYBACHEKS HAD VIOLATED THE 1984 PERMIT'S INSTANTANEOUS MAXIMUM EFFLUENT LIMIT FOR SETTLEABLE SOLIDS OF 1.5 ML/L AT LEAST 39 TIMES, WITH A REPORTED HIGH VALUE OF 65.0 ML/L. THE DMRS ALSO SHOWED THAT THE 0.7 ML/L MONTHLY AVERAGE LIMIT FOR SETTLEABLE SOLIDS WAS EXCEEDED IN JUNE, AUGUST AND SEPTEMBER 1984, WITH A HIGH BALUE OF 9.0 ML/L. RESEARCH OF EPA'S NPDES PERMITTING FILES ESTABLISHED THAT THE NPDES PERMITS ISSUED TO RYBACHEKS (1984 PERMIT AND 1985 PERMIT) DID NOT AUTHORIZE THE DISCHARGE OF POLLUTANTS TO WILBER CREEK. THE PERMITS ONLY ALLOWED DISCHARGES TO THE TOLOVANA RIVER. THUS, DISCHARGES DURING BOTH THE 1984 AND 1985 MINING SEASONS WERE WITHOUT AN NPDES PERMIT. ACCORDINGLY, EPA FINDS THAT RYBACHEKS