EPA v. MARTIN COUNTY COAL CORPORATION

Case summary

9/12/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $75,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THRITY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT JULY 19, 2003, TO MARCH 10, 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 GFROM SURFACE COAL MINING ACTIVITIES ASSOCIATED WITH DSMRE PERMIT NO. 880-5147. RESPONDENT IMPACTED APPROXIMATELY 2,455 FEET OF TWO UNNAMED TRIBUTARIES TO ROAD FORK NEAR THE CONFLUENCE OF LYNN BARK FORK. ROAD FORK IS TRIBUTARY TO COLDWATER FORK, WHICH IS TRIBUTARY TO ROCKCASTLE FORK, WHICH FLOWS INTO TUG FORK, A SECTION 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 JULY 19, 2003, TO MARCH 10, 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 SECTION 404, IS A VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• MARTIN COUNTY COAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (MARTIN COUNTY COAL CORPORATION)

  OLD FORK ROAD NEAR LYNN BARK FORK, INEZ, KY, 41224

  Registry ID: 110037239690

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: $75,000

Timeline (4 milestones)

• 2008-09-12Complaint Filed/Proposed Order
• 2008-09-12Final Order Issued
• 2008-09-13Enforcement Action Data Entered
• 2008-10-07Enforcement Action Closed