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Mineral_Estate_Grantee
03:23:20 Fri
Jan 4 2013

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Virginia judge rules EPA overstepped authority trying to regulate water as pollu

http://www.foxnews.com/politics/2013/01/03/virginia-judge-rules-epa-overstepped-authority-trying-to-regulate-water-as/

It occurs to me also, as I read this, that that we only run stormwater through our machines as well.

  
dickb
05:33:34 Fri
Jan 4 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

Just my opinion here.
Polluting the water requires that a pollutant of some kind be added to the existing water. Everybody understands that if you pour a gallon of motor oil into the creek, then you have polluted the watet. Moving water from one spot in the creek to a different spot in the same creek does not qualify as polluting. Plus if you take a sample of the water entering the suction nozzle and a sample of the water as it leaves the sluice, I doubt that there would be any change to the water quality.
An outboard motor takes water from one place and the propeller forces it to another plus adds oil and exhaust to the water as it does it. Nobody seems to have a problem with that though.
Dickb

  
rlh1946
05:46:40 Fri
Jan 4 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

esp the 2 stroke jet ski's & wave runners that poplulate the lakes and streams now.:confused:
[1 edits; Last edit by rlh1946 at 05:47:02 Fri Jan 4 2013]



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chickenminer
06:28:14 Fri
Jan 4 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

Quote: Mineral_Estate_Grantee at 03:23:20 Fri Jan 4 2013


It occurs to me also, as I read this, that that we only run stormwater through our machines as well.


Well,
If all you ran through your machine was water that may be the case. Once you start adding a gravel/paydirt mixture you end up with a discharge containing a "pollutant" as defined under the Clean Water Act.

"Pollutant 40 CFR 122.2

For purposes of the Clean Water Act, "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(a) Sewage from vessels; or

(b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources.


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dickb
17:30:52 Fri
Jan 4 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

Again in My opinion! The last three words in that statement are most important. "DISCHARGED INTO THE WATER". When you take existing water from the creek and clean it of some material then return it to the same water that it was taken from, it's hard to say that it was discharged into the water. Pollution by it's definition is adding a pollutant to clean water and making it polluted.

I don't see that a dredge in any way adds any additional material to the water, any more than an outboard engine adds water to the existing water body.

But what do I know, thats what we have lawyers and the courts for,

I think that a better argument could be made that the dredger Peeing in the water while dredging causes more water pollution than the dredge does. Even though animals defecate in the water all the time and nobody cites them for pollution. SMILE
Dickb

  
Mineral_Estate_Grantee
18:31:47 Fri
Jan 4 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

From Behind the Woodshed audio archive about miner Cliff Tracey; found not guilty of pollution charge.
Skip to 1:01 on the clock/time line:


http://mp3.oraclebroadcasting.com/Behind_The_Woodshed/Behind_The_Woodshed.2011-12-11_16k.mp3

  
dickb
05:54:07 Sat
Jan 5 2013

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Re: Virginia judge rules EPA overstepped authority trying to regulate water as p

Cowboy444, Randy is in court now in OR fighting this same rule. They cited him for polluting without even coming to the site and taking evidence samples of the pollutant that they claim he was discharging from his dredge.

http://bb.bbboy.net/alaskagoldforum-viewthread?forum=2&thread=1603

Dickb
[1 edits; Last edit by dickb at 05:56:53 Sat Jan 5 2013]

  

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