EPA v. GREER INDUSTRIES, INC (CLARKSBURG ASPHALT CO)

Case summary

On December 21, 2017, the Division Director, EAID, issued an Administrative Order for Compliance, EPA Docket No. CWA-03-2018-0036DW to Greer Industries, Inc., for the Clarksburg Asphalt facility ( Facility ) located at 2399 Benedum Drive in Bridgeport, West Virginia. This is an aggregate mining facility with associated features which was constructed on an Unnamed Tributary to Ann Run. The Unnamed Tributary flows to Ann Run which flows to Simpson Creek which flows to the West Fork River, a traditionally navigable water. On May 24, 2017 and November 15, 2017, 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 Agreement, Respondent or persons acting on behalf of Respondent, operated equipment which discharged dredged or fill material into approximately 1265 linear feet of Unnamed Tributary to Ann Run when it was constructed and during operation of the mine between 2000 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. Section 1344. Respondent must provide and implement a restoration/mitigation plan to address the impacts to aquatic resources. 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 the CWA, and to continue the internal procedures necessary to prevent recurrences of violations of environmental requirements.

Defendants (1)

• GREER INDUSTRIES, INCNamed in settlement

Facilities (1)

• CLARKSBURG ASPHALT CO

  2399 BENEDUM DRIVE, BRIDGEPORT, WV, 26330

  Registry ID: 110070144193

Statutes cited

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

Enforcement conclusions (1)

• GREER INDUSTRIES, INC (CLARKSBURG ASPHALT CO)entered 2017-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2017-12-21Final Order Issued
• 2018-04-09Enforcement Action Data Entered