EPA v. GREER INDUSTRIES, INC (BUCKEYE STONE COMPANY)

Case summary

On April 4, 2018, the Division Director of the EAID issued an Administrative Order for Compliance (EPA Docket # CWA-03-2018-0037DW) to Greer Industries, Inc. for their Buckeye Stone Company facility located at 442 Blaney Hollow Road, Morgantown, West Virginia. This aggregate mining facility was constructed on Blaney Hollow and Unnamed tributaries to Blaney Hollow. The construction and operations of the mine resulted in discharges to jurisdictional waters of the United States without a Section 404 of the Clean Water Act (CWA) permit authorizing the impacts. These activities include discharges to Blaney Hollow and two unnamed Tributaries to Blaney Hollow, when it constructed and operated an aggregate mine between 1977 and 2017. Blaney Hollow flows to Morgan Run and then to Cheat Lake; Cheat Lake is an impounded portion of the Cheat River. The Cheat River has been identified as a traditionally navigable water. Blaney Hollow and the Unnamed Tributaries to Blaney Hollow are relatively permanent waters, which have a surface hydrologic connection and significant nexus to downstream traditionally navigable waters and are ?waters of the United States? within the meaning of CWA Section 502(7), 33 U.S.C. ? 1362(7). The unpermitted stream impacts were self-disclosed to EPA by Greer Industries following a review of their facilities. In addition, EPA issued a Notice of Determination assessing a civil penalty of $0. The Agency seeks to promote self-auditing by Greer, expects Greer to be in full compliance with regulatory requirements under CWA, and to continue the internal procedures necessary to prevent recurrences of violations of environmental requirements. This is the third of three sites with unpermitted CWA Section 404 impacts that were disclosed to EPA.

Defendants (1)

• GREER INDUSTRIES, INC (BUCKEYE STONE COMPANY)Named in settlement

Facilities (1)

• BUCKEYE STONE COMPANY

  442 BLANEY HOLLOW ROAD, MORGANTOWN, WV, 26330

  Registry ID: 110067624262

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GREER INDUSTRIES, INC (BUCKEYE STONE COMPANY)entered 2018-04-04

  Primary law: CWA

Timeline (3 milestones)

• 2018-04-04Final Order Issued
• 2018-04-10Enforcement Action Data Entered
• 2021-11-02Enforcement Action Closed