EPA v. APPOLO FUELS, INC.

Case summary

1/28/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK CREEK AT THE JELLICO SURFACE MINE #1 NEAR FONDE, IN BELL COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF ONE HOLLOW FILL AND TWO SEDIMENT RETENTION PONDS. RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER AND/OR OPERATOR OF THE PARCEL OF LAND THAT COMPRISES THE JELLICO SURFACE MINE #1 THAT CONTAINED THE DISCHARGE AREAS. ON OR ABOUT SEPT 2009 AND JULY 2010, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A HOLLOW FILL AND TWO SEDIMENT RETENTION PONDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK CREEK, WHICH FLOWS FOR APPROX 43 MILES BEFORE ITS CONFLUENCE WITH THE CUMBERLAND RIVER. AT NO TIME DURING THE DISCHARGED DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.

Defendants (1)

• APPOLO FUELS, INC.Named in settlement

Facilities (1)

• APPOLO FUELS INC

  KY 74 & KY 535, FONDE, KY, 40940

  Registry ID: 110022544950

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• APPOLO FUELS, INC.entered 2011-01-28

  Primary law: CWA

Timeline (2 milestones)

• 2011-01-28Final Order Issued
• 2011-03-03Enforcement Action Data Entered