DEFENDANT OPERATES A GOLD PLACER MINE NEAR BOUNDARY, AK, THAT DISCHARGES POLLUTANTS TO CHERRY CREEK. THE MINE WAS INSPECTED BY EPA AND THE STATE OF ALASKA IN 8/85. AS A RESULT OF THAT INSPECTION, EPA DETERMINED THAT BIRDSELL WAS DISCHARGING POLLUTANTS TO WATERS OF THE U.S. IN VIOLATION OF THE EFFLUENT LIMITATIONS FOR SETTLEABLE SOLIDS AND TURBIDITY SET FORTH IN THE NPDES PERMIT ISSUED BY EPA TO BIRDSELL FOR DISCHARGES FROM THE FACILITY. DISCHARGES OF POLLUTANTS WHICH DO NOT COMPLY WITH THE TERMS AND CONDITIONS OF THE PERMIT ARE IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 USC PART 1311. THIS REFERRAL SEEKS PERMANENT INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS OF THE CLEAN WATER ACT AND CIVIL PENALTIES OF NOT LESS THAT $8,000 TO $13,000 FOR PAST VIOLATIONS.