EPA v. NOONAN, ROBERT, CANDLE RIDGE MINING, INC.

Case summary

2/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000. ORDER ALLEGES: COMMENCING ON OR ABOUT MAY 2004, RESPONDENTS, OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH ONSITE MINING ACTIVITIES. RESPONDENT IMPACTED 5,027 LINERAR FEET OF WATERS (DISCHARGE AREA) WITHIN COURTHOUSE CREEK, A TRIBUTARY OF THE MIDDLE FORK KENTUCKY RIVER, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES, VIA LEATHERWOOD CREEK. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2004 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.

Defendants (2)

• CANDLE RIDGE MINING, INC. (SB)Named in complaintNamed in settlement
• NOONE, ROBERT (SB)Named in complaintNamed in settlement

Facilities (1)

• CANDLE RIDGE MINING INC

  KY 484 & KY 2022, SAUL, KY, 40981

  Registry ID: 110009742671

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NOONAN, ROBERT, CANDLE RIDGE MINING, INC.entered 2010-02-25

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2009-11-25Enforcement Action Data Entered
• 2010-02-25Final Order Issued
• 2010-02-25Complaint Filed/Proposed Order
• 2010-03-18Enforcement Action Closed