EPA v. MOUNTAINTOP HYDROSEEDING, INC.

Case summary

8/15/05 - COMPLAINT FILED, PROPOSING A PENALTY OF UP TO $27,500. SOMETIME BETWEEN DECEMBER 1, 2003, THROUGH JANUARY 1, 2004, RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPONDENT, OWNED AND/OR OPERATED FORESTRY HARVESTING EQUIPMENT WHICH WERE USED TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A SECTION 404 PERMIT. RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPNDENT UTILITZED THE EQUIPMENT TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT NEGRO BRANCH WHICH IS A TRIBUTARY OF BIG CREEK. THESE DISCHARGES OCCURRED DURING UNAUTHORIZED LAND-CLEARING AND TREE HARVESTING ACTIVITIES ASSOCIATED WITH PREPARING A SITE CONTAINING A WATER OF THE U.S. FOR COAL MINING. THE WORK WAS CONDUCTED WITHOUT A CWA SECTION 404 U.S. ARMY COE PERMIT. THE DISCHARGE OCCURRED NEAR THE CITY OF HAZARD, IN CLAY COUNTY, KY.

Defendants (1)

• MOUNTAINTOP HYDROSEEDING (SB)Named in complaintNamed in settlement

Facilities (1)

• MOUNTAINTOP HYDROSEEDING

  NEAR BIG CREEK ROAD, HAZARD, KY, 41701

  Registry ID: 110024269879

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MOUNTAINTOP HYDROSEEDING, INC.entered 2006-02-06

  Primary law: CWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2005-08-15Complaint Filed/Proposed Order
• 2005-08-23Enforcement Action Data Entered
• 2006-02-06Final Order Issued
• 2006-03-08Enforcement Action Closed