EPA v. HAMILTON, STEPHEN, WILLIAMS, LES, AND NALLY & HAMILTON ENTERPRISES, INC.

Case summary

7/28/2008 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER ALLEGES; COMMENCING ON ABOUT DECEMBER 18, 2006, TO PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EATH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH SURFACE COAL MINING, THE CONSTRUCTION OF TWO SEDIMENT PONDS AND A ROAD CROSSING ASSOCIATED WITH KENTUCKY DEPARTMENT OF NATURAL RESOURCES PERMIT NO. 848-0211. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR AROUND DECEMBER 18, 2006, TO THE PRSENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404.

Defendants (3)

• NALLY & HAMILTON ENTERPRISES, INC.Named in settlement
• WILLIAMS, LESNamed in settlement
• HAMILTON, STEPHENNamed in settlement

Facilities (1)

• WETLANDS (NALLY & HAMILTON ENTERPRISES, INC.)

  N36 55.133 W83 2.167', LOUELLEN, KY, 40828

  Registry ID: 110037229317

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HAMILTON, STEPHEN, WILLIAMS, LES, AND NALLY & HAMILTON ENTERPRISES, INC.entered 2008-07-28

  Primary law: CWA

Timeline (2 milestones)

• 2008-07-28Final Order Issued
• 2008-08-28Enforcement Action Data Entered