EPA v. DON BOWLES COAL NO. 1, LLC

Case summary

9/21/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM FEBRUARY 2005 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 u.s.c section 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY RESPONENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a).

Defendants (1)

• DON BOWLES COAL NO 1, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - DONALD BOWLES COAL NO. 1, LLC

  HENRY OATS ROAD, GRAHAM, KY, 42344

  Registry ID: 110042336978

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DON BOWLES COAL NO. 1, LLCentered 2010-09-21

  Primary law: CWA

  Federal penalty: $40,000

Timeline (4 milestones)

• 2010-09-21Complaint Filed/Proposed Order
• 2010-09-21Final Order Issued
• 2010-09-23Enforcement Action Data Entered
• 2010-11-12Enforcement Action Closed