EPA v. GREER INDUSTRIES, INC. (DECKER'S CREEK LIMESTONE COMPANY)

Case summary

On February 13, 2018, the Division Director, EAID, issued an Administrative Order for Compliance, EPA Docket No. CWA-03-2018-0035DW to Greer Industries, Inc., for the Deckers Creek Limestone facility ( Facility ) located on Route 7, approximately 7 miles east from Sabraton, Morgantown, West Virginia. This aggregate mining facility with associated features was constructed on Unnamed Tributaries to Deckers Creek, which flow to Deckers Creek and then to the Monongahela River. The Monongahela River has been identified as a traditionally navigable water and the Unnamed Tributaries to Deckers Creek are relatively permanent waters which have a surface hydrologic connection and significant nexus to downstream traditionally navigable waters. On July 7, 2017 and January 8, 2018, Greer timely disclosed potential unpermitted discharges of dredged/fill material into waters of the United States at the Facility pursuant to EPA's Audit Policy. On the basis of information available and disclosed pursuant to the Audit Policy, Respondent or persons acting on behalf of Respondent, operated equipment which discharged dredged or fill material into approximately 1300 linear feet of two Unnamed Tributaries to Deckers Creek when it constructed and operated an aggregate mine between 1995 and 2017. At no time during the alleged discharge of dredged and/or fill material to the waters of the United States did Respondent have a permit from the Secretary of the Army as required by Section 404 of the CWA, 33 U.S.C. 1344. Respondent must provide and implement a restoration/mitigation plan to address the impacts to aquatic resources and estimate the cost of repairing the environmental damage at $135,000. In addition, EPA issued a Notice of Determination, Docket No. CWA-03-2018-6000, assessing a civil penalty of $0. Through its Audit Policy, the Agency seeks to promote self-auditing by Greer, expects Greer to be in full compliance with regulatory requirements under the CWA, and to continue the internal procedures necessary to prevent recurrences of violations of environmental requirements.

Defendants (1)

• GREER INDUSTRIES, INC.Named in settlement

Facilities (1)

• DECKER'S CREEK LIMESTONE COMPANY

  RT 7 E 6 MI FROM SABRATON, MORGANTOWN, WV, 26505

  Registry ID: 110070201256

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GREER INDUSTRIES, INC. (DECKER'S CREEK LIMESTONE COMPANY)entered 2018-02-13

  Primary law: CWA

Timeline (3 milestones)

• 2018-02-13Enforcement Action Data Entered
• 2018-02-13Final Order Issued
• 2021-10-28Enforcement Action Closed