EPA v. MARTIN COUNTY COAL CORPORATION

Case summary

9/12/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $65,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MAY 19,2003, TO MARCH 13, 2004, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES RESULTING FROM SURFACE COAL MINING ACTIVITIES ASSOCIATED WITH KENTUCKY DNR PERMIT NO. 680-5012. RESPONDENT IMPACTED APPROXIMATELY 969 LINEAR FEET OF AN UNAMED TRIBUTARY TO ROAD FORK, WHICH IS TRIBUTARY TO COLDWATER FORK, WHICH IS TRIBUTARY TO ROCKCASTLE FORK, WHICH EMPTIES INTO TUG FORK, A SECTIN 10 WATER OF THE UNITED STATES THAT IS USED OR SUSCEPTIBLE TO USE IN INTERSTATE COMMERCE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT MAY 19, 2003, TO MARCH 13, 2004, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER 404 OF THE CWA, IS A VIOLATION OF 301(a) OF THE CWA.

Defendants (1)

• MARTIN COUNTY COAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (MARTIN COUNTY COAL CORPORATION)

  OLD FORK TO COLDWATER FORK TO ROCKCASTLE FORK, INEZ, KY, 41224

  Registry ID: 110037240483

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MARTIN COUNTY COAL CORPORATIONentered 2008-09-12

  Primary law: CWA

  Federal penalty: $65,000

Timeline (4 milestones)

• 2008-09-12Final Order Issued
• 2008-09-12Complaint Filed/Proposed Order
• 2008-09-15Enforcement Action Data Entered
• 2008-10-07Enforcement Action Closed