EPA v. CLINTWOOD ELKHORN MINING COMPANY (MILLER'S CREEK MINE)

Case summary

12/10/10 - ADMINISTRATIVE ORDER ISSUED. FINDINGS: AS OF THE DATE OF THIS ORDER, RESPONDENT HAS NOT BEEN ISSUED A KPDES PERMIT FOR THE FACILITY AND DOES NOT HAVE AN EFFECTIVE NPDES PERMIT WHICH ALLOWS DISCHARGES INTO WATERS OF THE UNITED STATES FROM THE RESPONDENT'S FACILITY. RESPONDENT PROVIDED THE KY DEPT OF NATURAL RESOURCES, DIV OF MINE RECLAMATION AND ENFORCEMENT, COPIES OF DMRs UNDER NPDES PERMIT NO. KY0107310 (UNISSUED). THE DMRs CONTAIN EFFLUENT MONITORING DATA OF WASTEWATER DISCHARGES FROM THE FACILITY INTO MILLER'S CREEK, A WATER OF THE U.S., FOR THE FOLLOWING TIME PERIODS: A. THE PERIODS COVERING APR 2008 THRU DEC 2009, AND FEB AND MAY 2010, FROM A DISCHARGE LOCATION IDENTIFIED AS SERIAL # 003; B. THE PERIODS COVERING APR THRU DEC 2009, FROM A DISCHARGE LOCATION IDENTIFIED AS SERIAL NUMBER 004; C. THE PERIOD COVERING JULY THRU SEPT 2008, AND JAN THRU MARCH 2009, FROM A DISCHARGE LOCATION IDENTIFIED AS SERIAL NUMBER 001; D. THE PERIOD COVERING JULY THRU SEPT 2008, FROM A DISCHARGE LOCATION IDENTIFIED AS SERIAL NUMBER 002. BASED ON THE EFFLUENT DATA DURING THESE PERIODS GATHERED FROM DISCHARGES ASSOCIATED WITH ITS COAL PREPARATION AND MINING ACTIVITIES INTO WATERS OF THE UNITED STATES, RESPONDENT VIOLATED CWA SECTIONS 301 AND 402 FOR AT LEAST 12 DAYS OF DISCHARGE AT SERIAL NUMBER 001, 6 DAYS OF DISCHARGE AT SERIAL NUMBER 002, 37 DAYS OF DISCHARGE AT SERIAL NUMBER 003, AND 19 DAYS OF DISCHARGE AT SERIAL NUMBER 004, WITHOUT REQUIRED COVERAGE UNDER A KPDES PERMIT. ORDER: WITHIN 7 CALENDAR DAYS, CEASE ALL UNPERMITTED DISCHARGES INTO WATERS OF THE UNITED STATES. WITHIN 14 CALENDAR DAYS, PROVIDE WRITTEN CERTIFICATION TO EPA THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (2)

• CLINTWOOD ELKHORN MINING COMPANYNamed in settlement
• MILLER'S CREEK MINENamed in settlement

Facilities (1)

• CLINTWOOD ELKHORN MINING CO (898-0799)

  MILLERS CREEK RD, PHYLLIS, KY, 41554

  Registry ID: 110037482328

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLINTWOOD ELKHORN MINING COMPANY (MILLER'S CREEK MINE)entered 2010-12-20

  Primary law: CWA

Timeline (4 milestones)

• 2010-12-20Final Order Issued
• 2010-12-21Enforcement Action Data Entered
• 2011-01-01Enforcement Action Closed
• 2011-01-01NPDES Closed