EPA v. LOCUST GROVE, INC.

Case summary

6/22/04 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500. ALLEGATIONS: RESPONDENT WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED ADJACENT TO NEGRO BRANCH, A TRIBUTARY TO BIG CREEK, NEAR THE CITY OF HAZARD, KY. COMMENCING BETWEEN OCTOBER 2003 AND DECEMBER 2003, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED CONSTRUCTION OF A SEDIMENT POND IN ASSOCIATION WITH COAL MINING ACTIVITIES. RESPONDENT IMPACTED 700 LINEAR FEET OF NEGRO BRANCH. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDEN

Defendants (1)

• LOCUST GROVE, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (LOCUST GROVE, INC. (SEDIMENT POND)

  NEAR BUFFALO CREEK; NEGRO BRANCH OF BOG CREEK, HAZARD, KY, 41701

  Registry ID: 110020160038

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LOCUST GROVE, INC.entered 2004-09-16

  Primary law: CWA

  Federal penalty: $85,000

Timeline (3 milestones)

• 2004-06-22Complaint Filed/Proposed Order
• 2004-06-29Enforcement Action Data Entered
• 2004-09-16Final Order Issued