EPA v. LOCUST GROVE, INC. (ELM LICK MINE)

Case summary

3/21/12 - ADMINISTRATIVE ORDER ISSUED. FINDINGS: CWA 308(a) AUTHORIZES EPA TO REQUIRE THE OWNDER OR OPERATOR OF ANY POINT SOURCE TO, AMONG OTHER THINGS, PROVIDE SUCH INFO AS EPA MAY REASONABLY REQUIRE TO DETERMINE IF ANY PERSON IS IN VIOLATION OF AN EFFLUENT LIMITATION, OR OTHER LIMITATION, PROHIBITION, OR FLLUENT STANDARD, PRETREATMENT STANDARD, OR STANDARD OF PERFORMANCE. IN JUNE 2011, THE EPA, WASHINGTON DC, SENT THE RESPONDENT AN INFO REQUEST LETTER PURSUANT TO CWA 308. THE LETTER REQUIRED RESPONDENT TO PROVIDE EPA INFORMATION WITHIN 30 DAYS. BASED ON RECORDS MAINTAINED BY EPA, REGION 4, THE RESPONDENT HAS FAILED TO SUBMIT THE REQUIRED INFO IN THE TIMEFRAME FREQUIRED BY THE EPA'S SECTION 308 INFO REQUEST LETTER. THEREFORE, EPA REGION 4 HAS DETERMINED THAT THE RESPONDENT HAS VIOLATED CWA 308(a). ORDER: THE INFO REQUEST LETTER IS HEREBY RESCINDED. IN LIEU OF THE INFO REQUESTED IN THE LETTER, RESPONDENT SHALL PROVIDE CERTAIN SPECIFIC INFORMATION WITHIN 45 DAYS.

Defendants (1)

• LOCUST GROVE, INC.Named in settlement

Facilities (1)

• LOCUST GROVE INC (897-0449)

  JCT OF BROWNS FORK RD & HWY 451, HAZARD, KY, 41701

  Registry ID: 110024583743

Statutes cited

• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• LOCUST GROVE, INC. (ELM LICK MINE)entered 2012-03-21

  Primary law: CWA

Timeline (4 milestones)

• 2012-03-21Final Order Issued
• 2012-03-22Enforcement Action Data Entered
• 2013-01-01NPDES Closed
• 2013-01-01Enforcement Action Closed