EPA v. POWELL BRANCH ENERGY, LLC

Case summary

12/5/11 - ADMINISTRATIVE ORDER ISSUED. ON MAY 17, 2011, EPA SENT RESPONDENT AN INFO REQUEST LETTER PURSUANT TO CWA 308. THE LETTER REQUIRED RESPONDENT TO PROVIDE EPA INFO WITH 30 DAYS. BASED ON RECORDS MAINTAINED BY EPA, REGION 4, RESPONDENT HAS FAILED OT SUBMIT THE REQUIRED INFO IN THE TIMEFRAME REQUIRED BY THE INFO REQUEST LETTER. EPA SENT A LETTER TO RESPONDENT ON JULY 15, 2011, STATING THAT NO RESPONSE HAD BEEN RECEIVED. ON JULY 26, 2011, RESPONDENT CONTACTED EPA VIA TELEPHONE AND STATED THAT HE HAD NOT OPENED THE ORIGINAL LETTER AND ASKED FOR AN ADDITIONAL 30 DAYS IN WHICH TO RESPOND, WHICH WAS GRANTED. ON AUG 30, 2011, RESPONDENT REQUESTED AN ADDITIONAL TWO WEEKS TO RESPOND, WHICH WAS GRANTED. VIA EMAIL ON SEPT 30, 2011, RESPONDENT'S REPRESENTATIVE SENT A PARTIAL RESPONSE TO EPA. ON SEPT 26, 2011, EPA SENT AN EMAIL TO RESPONDENT'S REPRESENTATIVE REQUESTING THE INFO THAT HAD NOT BEEN PROVIDED. IN ADDITION, EPA REQUESTED EITHER A SIGNED RESPONDENT FROM RESPONDENT OR A LETTER STATING THAT THE RESPONDENT'S REP MAY ANSWER FOR RESPONDENT. THERE HAS BEEN NO FURTER COMMUNICATION BETWEEN EPA, THE RESPONDENT, OR THE RESPONDENT'S REP. THEREFORE, RESPONDENT HAS VIOLATED CWA 308(a). ORDER REQUIRES: WITHIN 45 DAYS, RESPONDENT SHALL FULLY RESPOND TO THE INFO REQUEST LETTER.

Defendants (1)

• POWELL BRANCH ENERGY, LLCNamed in settlement

Facilities (1)

• POWELL BRANCH ENERGY, LLC

  11473 MAIN STREET, MARTIN`, KY, 4640

  Registry ID: 110044888379

Statutes cited

• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• POWELL BRANCH ENERGY, LLCentered 2011-12-05

  Primary law: CWA

Timeline (4 milestones)

• 2011-12-05Final Order Issued
• 2011-12-21Enforcement Action Data Entered
• 2012-04-27Enforcement Action Closed
• 2012-04-27NPDES Closed