HYDRO20479

• Permit No: C1980001
• IBM Index Class Name: Hydrology
• Doc Date: 2/4/1994
• Doc Name: FAX COVER
• From: PITTSBURG & MIDWAY COAL MINING CO
• To: DNR
• Permit Index Doc Type: NPDES
• Media Type: D
• Archive: No

MaCULLOCH •. GGABGDw 47
' rmrOeraaa (tseot
again those materials flowed bward the oomectlon with mining activltles, aomtl-
aroek. Ratowater tapped is the mine pits totes point course pollutloo.
themselves also eventually percolated The district court's decision ie reversed
through the bade and flowed bwatd the and the rase remanded far further ptooead-
creek, carrying with 1t acid and chemicals togs aonelstenL with this opldan.
from the pit.
Thus, additional Tindinge aro neoeessry b
determine the prxisa nature of spoU besins
constructed by defendapt Drummond. In
Ught of Hlaks'e statement that a "stsndpipe
and an emergency epiUway" ware oon-
etrucLed bguard against spoU besfn oven
flow, we noU that a "pipe" from which
pollutants aro dLehalged may be a point
scores of pollution 83 U.S.C.A. 4 1384(14}
Thin design could lUcawise fit undo the
&Irrth 3c/enaee finding that "the escape of
liquid from [a] confined system 1s from a
point scores;' 599 F.4d at 874, since the
affidavits and depoeitiotu suggest that
water and other materials escaped from the
mines and sediment basins, eventually Tind-
Ing theU way b Daniel Crock Further
more, faetusl findings are lacking insofsr as
the sediment bolos and other devices may
be eharutaisad u enwmpaseing "wstata-
er[a], from which pollutants are
or may be discharged." 88 U.B.C.A.
1862(14).
While defendants have denied taking any
direct action resulting in the dbchsrge of
pollutants tab Daniel Cnek, Bailey descr{b-
ed "[m]ine spoU pushed inb Daniel Creek so
es b black the waterway." Even under the
dfstrlat court's requitement that the alleged
pollutes talcs some "stTirroative set" be-
!oro a find(ng of point source pollutioe is
warranted, the activity described by Haley
suggest a dfsaherge of pollutants inb the
creek. In wmidering this issue, Lhe district
court should deem eontmll{ng 4502(14) of
the Aet, whkh, as painted out by Lhe Esrth
9aiances wort, defines discharge ae "any
addition of any pollutant b nav(geble
waten . " ffi U.9.C.A. $1384(12).
[6] Although the point source definition
"excludes unchannelsd and uncollected sur-
face water," Conaolidetloa Cod Co.. 804
F2d at 249; AppalaehJan Power, 645 F.yd
at 1878, surface runoff from rainfall, when
wliected or channeled by coal minas in
IiEt'li'RSED AND REMANDED.
o rrrsournna
Carl McCULIACH sad Non DaU
McCalloeh, p4lntifh-Appellees,
CrwaAppallanta,
v.
Thomes CLASGDW at al, Defendanta-
Appallanta, Crass-Appal-eea
No. 7a-173L
United State Coure of Appeals,
Fifth Circuit.
June ffi, 1964•
Rshesring Denied Aug. 8,1980.
Iaadownen brought alvU righ4 cult
against tows and ies mayor, alleging that
bwn• with knowledge of 4ndownen' oWm
of title b a strip of Iand and without taking
salion b detetTniae or settle the wmpedng
claims betwesn the town and the lsndown-
en, knocked down landowner' fences, bull-
doted the strip, and built a street on It.
Tha United States District Court for the
Northern District of Mississippi, William C.
Ready, Chief Judge, rendered /udgmant en
a jury verdict against the Leven and its
mayor and they appealed. The Court of
Appears, Godbold, Cbeult Judge, held that:
(1) if the town had soquired an easement by
pteseriptlon end had not abandoned It, the
Iendownen mould eat by adverse poaseealon
acquire title free end clear of the town's
easement under Mississippi law; (2) tae
conflict between the landowners' arguable
unenoumbeeed title and the town's arguable
easement was sufficient b oroau s etgnifl-
cent property interest in the Iendownen,
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