JOHN C. CRUDEN Acting Assistant Attorney General BRUCE S. GELBER Section Chief Environmental Enforcement Section Environment & Natural Resources Division United States Department of Justice Washington, D.C. 20044-7611 PATRICK M. CASEY Senior Counsel Environmental Enforcement Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 Telephone: (202) 514-1448 Facsimile: (202) 514-0097 E-Mail: patrick.casey@usdoj.gov KAREN L. LOEFFLER U.S. Attorney District of Alaska GARY GUARINO Assistant U.S. Attorney Federal Bldg. & U.S. Courthouse 222 West 7th Ave., #9, Rm 253 Anchorage, AK 99513-756 Telephone: (907) 271-4264 Facsimile: (907) 271-3224 E-Mail: gary.guarino@usdoLgov
Attorneys jor Plaintiff United States
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA
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UNITED STATES OF AMERICA, Plaintiff, v. ALASKA GOLD CO., and NOV AGOLD RESOURCES, INC., Defendants.
No.
COMPLAINT
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The United States of America, by authority of the Attorney General of the United States and
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through the undersigned attorneys, acting at the request of the Administrator of the United States Environmental Protection Agency ("EPA"), files this Complaint and alleges as follows:
NATURE OF ACTION
1. This is a civil action brought pursuant to Section 309 of the Federal Water Pollution
Control Act of1972, as amended ("Clean Water Act" or "CWA"), 33 U.S.C. § 1319, against Alaska Gold Co., and NovaGold Resources, Inc. (collectively, "Defendants"). The United States seeks the assessment of civil penalties against the Defendants for violations of Section 301 of the CWA, 33 U.S.C. § 1311, and of permit conditions or limitations in a National Pollutant Discharge Elimination System ("NPDES") Permit issued by the EPA under Section 402 of the CWA, 33 U.S.C. § 1342, during their construction and/or operation of the Rock Creek Mine in or near Nome, Alaska.
PARTIES
2. Plaintiff is the United States of America. Authority to bring this action is vested
in the Attorney General of the United States by 28 U.S.C. §§ 516 and 519 and 33 U.S.C. § 1366. 3. Defendant Alaska Gold Co. ("Alaska Gold"), 221 E. Fifth Ave., P.O. Box 640,
Nome, Alaska 99762-0640, is and at all times relevant to this action has been an Alaska corporation. Defendant Alaska Gold is a wholly owned subsidiary of Defendant NovaGold Resources, Inc. 4. Defendant NovaGold Resources, Inc. ("NovaGold"), 2300 - 200 Granville St.,
Vancouver, BC, V6C 1S4, is and at all material times to this action has been a Canadian corporation doing business in Alaska.
JURISDICTION AND VENUE
5. This Court has original jurisdiction over this action pursuant to
28 U.S.C. §§ 1331 and 1345 because this is a civil action commenced by the United States that arises under the laws ofthe United States and pursuant to 28 U.S.c. § 1355 because this is an action for the recovery of a penalty incurred under an act of Congress. 6.
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Venue is proper in this District pursuant to 28 U.S.C. § 1391 (b) and
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33 U.S.C. § 1319(b) because the events or omissions giving rise to the claims herein, or a substantial part of them, occurred in this District and because the Defendants are located or reside or are doing business in this District. Venue is also proper in this District pursuant to 28 U.S.c. § 1395(a). 7.Pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), notice of the commencement of this action has been given to the State of Alaska. STATUTORY AND REGULATORY BACKGROUND 8. Section 301(a) ofthe Clean Water Act, 33 U.S.C. § 1311(a), makes unlawful
the discharge of any pollutant by any person except as in compliance with, inter alia, Section 402 of the CWA, 33 U.S.c. § 1342. 9. Section 402(a) of the CWA, 33 U.S.c. § 1342(a), authorizes the Administrator
of EP A to issue permits for the discharge of pollutants and to prescribe conditions for such permits, including conditions on data and information collection, reporting, and such other requirements as he deems necessary to carry the provisions of the CWA. FACTUAL ALLEGATIONS 10. N orne, Alaska. 11. Each Defendant is a "person" within the meaning of Section 502(5) of Defendants own and operate the Rock Creek Mine, a gold mine in or near
the CWA, 33 U.S.C. § 1362(5). 12. On or about August 14,2006, Defendants applied for a National
Pollutant Discharge Elimination System, Construction General Permit ("CGP") to construct a gold mine near Nome, Alaska. 13. On or about August 21, 2006, Defendants were authorized to
construct/operate under the CGP and assigned permit no. AK-RI0-BTOO. 14. On numerous days from April 2007 until September 2008, Defendants failed
to comply with conditions in the CGP. Those failures to comply include, but are not limited to:
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failure to adequately prepare and update Defendants' storm water pollution prevention plan ("SWPPP"); failure to implement and maintain adequate best management practices ("BMP"); and discharging storm water to Rock Creek, Lindblom Creek, and Glacier Creek in violation of state water quality standards. 15. The storm water discharged to Rock Creek, Lindblom Creek, and
Glacier Creek contained materials which are "pollutant[s]" within the meaning of Section 502(6) of the CWA, 33 U.S.c. § 1362(6). 16. Rock Creek Mine contains "point source[s]" within the meaning of
Section 502(14) of the CWA, 33 U.S.C. § 1362(14). 17. Glacier Creek, Rock Creek, and Lindblom Creek are "navigable waters" of
the United States within the meaning of Section 502(7) of the CWA, 33 U.S.c. § 1362(7) and "waters of the United States" within the meaning of 502(7) of the CWA, 33 U.S.C. § 1362(7) and 40 C.F.R. § 122.2.
CLAIM: FAILURE TO COMPLY WITH PERMIT CONDITIONS
18.
Paragraphs 1 through 17 are realleged and incorporated by reference as if
fully set forth below. 19. Each failure to comply with conditions in Defendants' CGP is a violation
of Section 301(a) of the CWA, 33 U.S.C. § 1311(a).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, the United States of America, requests that the Court: 1. Order Defendants to pay to the United States a civil penalty not to exceed
$32,500 per day of violation for each violation of Section 301(a) of the CWA, 33 U.S.C.§ 1311(a); 2. 3. Award the United States the costs and disbursements of this action; and Grant the United States such further relief as the Court may deem just and proper.
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JOHN C. CRUDEN Acting Assistant Attorney General Enviro e t and Natural Resources Division
U.
PATRIC M. CASEY Senior Counsel Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Ben Franklin Station Washington, DC 2004 Telephone: (202) 514-1448
KAREN L. LOEFFLER U.S.A rney
=---:GAR GUARINO Assistant U.S. Attorne Federal Bldg. & U.S. Courthouse 222 West 7th Ave., #9, Rm 253 Anchorage, AK 99513-756 Telephone: (907) 271-4264
Attorneys for Plaintiff United States
OF COUNSEL: MARK RYAN Senior Enforcement Counsel U.S. Environmental Protection Agency 1435 N. Orchard St. Boise, ID 83706
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