EPA v. HONORABLE CLYDE A. THOMAS AND ROWAN COUNTY FISCAL COURT

Case summary

12/16/04 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IN LAUREL CREEK AND AN UNNAMED TRIBUTARY TO LAUREL CREEK, NEAR THE CITY OF ELLIOTTVILLE IN ROWAN COUNTY, KY. BASED ON INFO OBTAINED FROM A CEASE AND DESIST ORDER ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS, HUNTINGTON DISTRICT, ON AUGUST 11, 2004, EPA HAS DETERMINED THAT JUDGE EXECUTIVE CLYDE A. THOMAS AND THE ROWAN COUNTY FISCAL COURT (RESPONDENTS) HAVE DISCHARGED OR DIRECTED THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO APPROX 500 LINEAR FEET OF LAUREL CREEK AND AN UNNAMED TRIBUTARY TO LAUREL CREEK, WHICH ARE TRIBUTARY TO THE LITTLE SANDY RIVER NEAR THE CITY OF ELLIOTTVILLE, KY. ADDITIONAL DISCHARGES OF SEDIMENT HAVE ALSO OCCURRED IN LAUREL CREEK FROM IMPROPERLY CONSTRUCTED SEDIMENT AND EROSION CONTROLS. THE DEPOSITION OF FILL MATERIAL OCCURRED AS A RESULT OF ROAD CONSTRUCTION ACTIVITIES IN AND ALONG LAUREL CREEK. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA. RESPONDENTS SHALL, WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, NOTIFY EPA WHETHER RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. RESPONDENTS SHALL SUBMIT A RESTORATION PLAN TO EPA WITHIN 30 DAYS THAT INCLUDES MEASURES TO (A) STABILIZE THE SITE USING APPROPRIATE BEST MANAGEMENT PRACTICES, AND (B) REMOVE UNAUTHORIZED FILL MATERIAL DEPOSITED IN LAUREL CREEK AND ITS TRIBUTARIES. THE PLAN SHOULD INCLUDE MEASURES TO RESTORE WATERS OF THE U.S. UPON FILL MATERIAL REMOVAL. EPA WILL REVIEW THE PLAN AND ADVISE THE RESPONDENTS OF ANY DEFICIENCIES. THE RESPONDENTS SHALL COMPLETE THE PLAN WITHIN 45 DAYS OF EPA APPROVAL.

Defendants (2)

• ROWAN COUNTY FISCAL COURT (KENTUCKY)Named in settlement
• THOMAS, CLYDE A. (HONORABLE)Named in settlement

Facilities (1)

• WETLANDS (ROWAN COUNTY FISCAL COURT)

  OFF LAUREL CREEK RD; LAUREL CREEK, ELLIOTTVILLE, KY, 40351

  Registry ID: 110022326570

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HONORABLE CLYDE A. THOMAS AND ROWAN COUNTY FISCAL COURTentered 2004-12-16

  Primary law: CWA

Timeline (2 milestones)

• 2004-12-16Final Order Issued
• 2005-05-11Enforcement Action Data Entered