EPA v. TURNER ELKHORN MIN CO (LEFT BEAVER COAL)

Case summary

TURNER ELKHOWN MINING COMPANY OWNS THE LEFT BEAVER COAL COMPANY, A COAL PREPARATION PLANT IN LIGON, KENTUCKY. THIS FACILITY IS ALSO KNOWN AS THE CALORA PLANT. ON 9/23/77, A NPDES PERMIT (#KY0022896) WAS ISSUED. DIS- CHARGE MONITORING REPORTS SUBMITTED TO EPA HAVE SHOWN LEFT BEAVER TO HAVE FEW VIOLATIONS OF ITS PERMIT EFFLUENT LIMIT- ATIONS. HOWEVER, IN RESPONSE TO A NOTICE OF PROPOSED PERMIT REISSUANCE, EPA RECEIVED NUMEROUS CITIZEN COMPLAINTS ALLEG- ING DISCHARGES OF BLACKWATER FROM THECALORA PLANT. INVESTIGATIONS BY EPA REVEALED A HISTORY OF PERIODIC UN- PERMITTED DISCHARGES FROM THE SLURRY HANDLING SYSTEM NOT CONTEMPLATED IN THE PERMITTING PROCESS. IN ADDITION, AND EPA INSPECTION CONDUCTED ON 12/15/83 REVEALED A LARGE COAL STORAGE AREA, AS WELL AS OTHER SMALLER PROCESS AREAS, WHERE CONTAMINATED RUNOFF COULD DISCHARGE, UNTREATED, TO THE AD- JACENT CREEK.

Defendants (1)

• TURNER ELKHORN MINING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LEFT BEAVER COAL CO

  KY HWY 979, LIGON, KY, 41604

  Registry ID: 110010619599

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• LEFT BEAVER COAL COentered 1984-10-26

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1984-04-05Referred To Headquarters
• 1984-05-31Referred To Dept Of Justice
• 1984-09-25Referred TO U.S. Attorney
• 1984-09-25Complaint Filed With Court
• 1984-10-26Final Order Lodged
• 1984-10-26Final Order Entered
• 1984-10-26Concluded
• 1990-02-05Enforcement Action Closed