EPA v. 4H FARM LLC (4H FARM)

Case summary

On November 14, 2018, the Division Director, EAID, issued a Consent Agreement and Final Order (CAFO) to 4H Farm, LLC, ELF, LLC, and Trenton Energy, LLC (Respondents), for violations of Section 301 and 404 of the CWA, 33 U.S.C. 1311 and 1344. Respondents violated the Clean Water Act, specifically, Section 404 by operating equipment which discharged dredged and/or fill material into waters of the United States located at the Site, rerouting and placing rock channel protection into tributaries to Hushers Run and impacting a total of approximately 2,014 linear feet without first acquiring a permit from the U.S. Army Corps of Engineers (Corps) as required by the statute. The Respondent has agreed to pay a penalty of $10,000 following an ability to pay determination made by the Agency. A forty-day public notice period has been concluded and there were no comments on the documents. The settlement complies with EPA's Interim Clean Water Act Selllement Penalty Policy issued March 1, 1995 (Settlement Penalty Policy).

Defendants (3)

• TRENTON ENERGY, LLCNamed in settlement
• ELF, LLCNamed in complaintNamed in settlement
• 4H FARM, LLCNamed in complaintNamed in settlement

Facilities (1)

• 4H FARM

  US ROUTE 50, ELLENBORO, WV, 26346

  Registry ID: 110055641060

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• 4H FARM LLC (4H FARM)entered 2018-11-14

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2018-11-14Complaint Filed/Proposed Order
• 2018-11-14Final Order Issued
• 2018-11-15Enforcement Action Data Entered
• 2018-12-27Enforcement Action Closed