EPA v. MARTIN COUNTY COAL CORPORATION

Case summary

9/12/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF 90,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MAY 19, 2003, TO MAY 13, 2004, RESPONDENT OR THOSE ACTING BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS ON THE SITE USING EATH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES RESULTING FROM SURFACE COAL MINING ACTIVITIES ASSOCIATED WITH KENTUCKY DNR NO. 880-0018. RESPONDENT IMPACTED APPROXIMATELY 3,162 LINEAR FEET OF AN UNNAMED TRIBUTARY OF KITNARROW BRANCH WHICH IS A TRIBUTARY TO BRUSHY FORK, AND AN UNNAMED TRIBUTARY TO BRUSHY FORK. BRUSHY FORK IS TRIBUTARY TO JOHN'S CREEK, WHICH HAS BEEN IMPOUNDED TO DEWEY LAKE. JOHN'S CREEK, WHICH FLOWS OUT OF DEWEY LAKE, IS TRIBUTRARY TO LEVISA FORK, A SECTION 10 WATER OF THE UNITED WATES 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. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 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)

  KITNARROW BRANCH TO BRUSHY FORK TO JOHN'S CREEK, INEZ, KY, 41224

  Registry ID: 110037239814

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: $90,000

Timeline (4 milestones)

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