EPA v. LITMAN EXCAVATING, INC. (COON RUN SITE)

Case summary

On May 8, 2024, Region 3 entered into an Administrative Order on Consent with Litman Excavating, Inc. to resolve violations of Section 404 of the Clean Water Act resulting from unauthorized discharges of fill material into waters of the United States without a permit at Litman's Route 2 Waste Site near the intersection of State Route 2 and Burch Ridge Road in Moundsville, Marshall County, West Virginia. Litman was using the waste site to place material excavated as part of a West Virginia Department of Highways expansion project along Route 2. On August 20, 2022, unstable stockpiles created by Litman began to slip causing landslides. In response, Litman placed two 10-foot diameter, 500-foot long culverts on top of Coon Run and placed fill material and boulders surrounding the culverts without authorization from the Army Corps of Engineers. As part of the Order, Litman will remove the fill material, restore the area surrounding Coon Run, stabilize the site, and provide mitigation for the impacted stream. The Site is located in an area of potential EJ concern.

Defendants (1)

• LITMAN EXCAVATING, INC.Named in settlement

Facilities (1)

• COON RUN SITE

  INTERSECTION OF ROUTE 2 AND BURCH RIDGE ROAD, MOUNDSVILLE, WV, 26041

  Registry ID: 110071523660

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LITMAN EXCAVATING, INC. (COON RUN SITE)entered 2024-05-08

  Primary law: CWA

Timeline (2 milestones)

• 2024-05-08Final Order Issued
• 2024-05-10Enforcement Action Data Entered