# THREE CHANNEL MINING
> **Judicial** · FY1985 · — · Final Order With Penalty
## Case
- **Activity ID:** `54011`
- **Case Number:** 10-1985-0019
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BEACH RIVER CORP (complaint) (settlement)
- BEMIS, WILLIAM
- BERGELIN, JOHN. (complaint) (settlement)
- THOMPSON, HARLOW J (complaint) (settlement)
- THREE CHANNEL MINING (complaint) (settlement)
## Summary

DEFENDANTS OPERATE A GOLD PLACER MINE NEAR CENTRAL, AK     WHICH DISCHARGES POLLUTANTS TO DEADWOOD CREEK.  THE MINE     WAS INSPECTED BY EPA IN JULY 1985.  AS A RESULT OF THAT      INSPECTION, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING  POLLUTANTS TO WATERS OF THE U S IN VIOLATION OF THE          EFFLUENT LIMITATIONS REFLECTED IN THE NPDES PERMITS ISSUED   BY EPA TO PLACER MINERS IN ALASKA.  THE SPECIFIC EFFLUENT    LIMITATIONS WHICH WERE VIOLATED WERE THOSE FOR SETTLEABLE    SOLIDS, TURBIDITY AND ARSENIC.  FURTHER, BASED UPON          STATEMENTS MADE BY THOMPSON, DEFENDANTS FAILED TO COMPLY     WITH THE MONITORING REQUIREMENTS FOR SETTLEABLE SOLIDS AS    SET FORTH IN THE PERMITS.                                      RESEARCH OF EPA'S NPDES PERMITTING FILES ESTABLISHED THAT  DEFENDANTS HAD NOT BEEN ISSUED AN NPDES PERMIT AUTHORIZING   DISCHARGES TO DEADWOOD CREEK IN EITHER 1984 OR 1985.         HOWEVER, PERMITS HAD BEEN ISSUED TO THE CLAIM OWNER(KNAEBEL) AND OTHER PREVIOUS LEASEHOLDER OF THE CLAIMS (BERGELIN).     BECAUSE IT IS UNKNOWN WHETHER DEFENDANTS WILL CLAIM TO BE    OPERATING UNDER AUTHORITY OF A PERMIT ISSUED TO KNAEBEL OR   BERGELIN, EPA FINDS THAT DEFENDANTS ARE IN VIOLATION OF      SEC 301 OF CWA, 33 USC FOR DISCHARGING POLLUTANTS WITHOUT    FIRST BEING ISSUED AN NPDES PERMIT, THE ALTERNATIVE,         DEFENDANTS ARE IN VIOLATION OF SEC 301 OF CWA DISCHARGING    AND FAILING TO MONITOR IN VIOLATION OF AN APPLICABLE PERMIT. BASED UPON INFORMATION SET FORTH IN A 

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*Source: [EPA ECHO](https://echo.epa.gov/) · MORVS · CC0 1.0*