EPA v. KOKOSING CONSTRUCTION COMPANY, INC. (CORRIDOR H HIGHWAY PROJECT)

Case summary

On May 11, 2022, Region III filed its second Expedited Administrative Order for Compliance (?AO?) issued to Kokosing Construction Company, Inc. ( Respondent ) for violations of its National Pollutant Discharge Elimination System (?NPDES?) Permit for its highway development project known as Corridor H Highway Project, in Randolph and Tucker Counties. Pursuant to its authority under the CWA NPDES program approval, WVDEP issued the General National Pollutant Discharge Elimination System, Water Pollution Control Permit, No. WV 0115924 for Stormwater Associated with Construction Activities ( Permit ), with an effective date of February 9, 2019, and an expiration date of February 9, 2024. In November 2020, WVDEP approved Permit coverage for Kokosing's construction of the H1 Site and H2 Site (collectively, the Sites ), as portions of the highway project. On March 23, 2022, EPA conducted an NPDES construction stormwater inspection of the Sites. Kokosing, as permittee, is responsible for construction and maintenance of erosion and sediment controls at the Sites, as specified in its Permit and approved Erosion and Sediment Control Plans. At the time of the inspection, EPA inspectors observed multiple violations at the Sites including: 1) failure to maintain Pipe Slope Drains at the H1 and H2 Sites; 2) failure to maintain Fencing Controls at the H1 and H2 Sites; 3) failure to maintain Water Bars at the H2 Site; and 4) failure to maintain Coir Curtains at the H2 Site. The AO requires Kokosing to correct all site deficiencies and provide proof of corrections to EPA within 14 days. An EJSCREEN was run for the Sites and the areas were not flagged for potential EJ concerns. EPA has consulted with WVDEP during the development of this action, and EPA has mailed a copy of the fully-executed AO to the appropriate WVDEP representative.

Defendants (1)

• KOKOSING CONSTRUCTION COMPANY, INC.Named in settlement

Facilities (4)

• CORRIDOR H, US219 TO WV72 INTERCHANGE

  US219, PARSONS, WV, 25287

  Registry ID: 110067625653

• CORRIDOR H HIGHWAY PROJECT

  H2 US 219, PARSONS, WV, 26287

  Registry ID: 110071269097

• CORRIDOR H KERENS TO PARSONS DESIGN BUILD

  CORRIDOR H (US 48), KERENS, WV, 26276

  Registry ID: 110070112877

• CORRIDOR H HIGHWAY PROJECT

  H1 US219 TO WV72, KERENS, WV, 26276

  Registry ID: 110071269096

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KOKOSING CONSTRUCTION COMPANY, INC. (CORRIDOR H HIGHWAY PROJECT)entered 2022-05-10

  Primary law: CWA

Timeline (4 milestones)

• 2022-05-10Final Order Issued
• 2022-05-24Enforcement Action Data Entered
• 2022-09-14Enforcement Action Closed
• 2022-09-14NPDES Closed