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

Case summary

7/23/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $65,000, DUE WITHIN 30 DAYS. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS ACTION, RESPONDENT OWNED AND/OR OPERATED A COAL MINING FACILITY/OPERATION, KNOWN AS MILLER'S CREEK MINE, PERMITTED UNDER SURFACE MINING CONTROL AND RECLAMATION ACT PERMIT #898-0799. RESPONDENT COMMENCED MINING ACTIVITIES AT THE FACILITY IN DEC 2007, WITHOUT APPLYING FOR INDIVIDUAL KPDES PERMIT COVERAGE IN A TIMELY MANNER PURSUANT OT 401 KY.ADMIN REGS 5:060 AND 40 CFR 122.21(c). ON MARCH 3, 2008, RESPONDENT SUBMITTED AN APPLICATION TO KDEP FOR AN INDIVIDUAL KPDES PERMIT FOR OUTFALLS 3 AND 4. SUBSEQUENTLY, ON APR 16, 2010, KDEP PROVIDED EPA WITH A DRAFT OF THE KPDES INDIVIDUAL PERMIT FOR EPA'S REVIEW AND COMMENT. EPA REVIEWED THE DRAFT KPDES INDIVIDUAL PERMIT AND SENT KDEP A LETTER DATED SEPT 29, 2010, PROVIDING NOTICE OF SPECIFI OBJECTION TO THE DRAFT KPDES INDIVIUAL PERMIT. ON DEC 20, 2010, EPA ISSUED AO NO CWA 04-2011, 4753, TO RESPONDENT, REQUIRING RESPONDENT TO CEASE ALL WASTEWATER DISCHARGES FROM THE FACILTY WITHIN 7 DAYS. IN RESPONSE TO RECEIVING AN INFO REQUEST FROM EPA, RESPONDENT PROVIDED EPA WITH COPIES OF DMRs THAT WERE SUBMITTED TO KDNR, DIVISION OF MIN RECLAMAITON AND ENFORCEMENT, AND THE DMRs INDICATED THAT UNPERMITTED DISCHARGES BEGAN IN APR 2008 FROM OUTFALL 3 AND BEGAN IN APR 2009 FROM OUTFALL 4. EPA HELD A SHOW CAUSE MEETING WITH RESPONDENT ON AUG 7, 2012 TO DISCUSS THE UNPERMITTED DISCHARGES AND CASE RESOLUTION. RESPONDENT STATED THAT MINING ACTIVITIES OTHER THAN RECLAMATION HAVE STOPPED AT THE FACILITY AND ANY CURRENT DISCHARGES ARE PRECIPITATION DRIVEN ONLY. AS OF THE DATE OF THIS ORDER, RESPONDENT DOES NOT HAVE AN INDIVIDUAL KPDES PERMIT THAT ALLOWS DISCHARGES INTO WATERS OF THE U.S. FROM RESPONDENT'S FACILITY. RESPONDENT VIOLATED CWA 301 AND 402 BY DISCHARGING WATER ASSOCIATED WITH ITS COAL MINING ACTIVITIES INTO WATERS OF THE U.S. WITHOUT REQUIRED COVERAGE UNDER A KPDES PERMIT.

Defendants (1)

• CLINTWOOD ELKHORN MINING CO.Named in complaintNamed in settlement

Facilities (1)

• CLINTWOOD ELKHORN MINING CO (898-0799)

  MILLERS CREEK RD, PHYLLIS, KY, 41554

  Registry ID: 110037482328

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLINTWOOD ELKHORN MINING COMPANY (MILLER'S CREEK MINE)entered 2013-07-23

  Primary law: CWA

  Federal penalty: $65,000

Timeline (5 milestones)

• 2013-07-23Final Order Issued
• 2013-07-23Complaint Filed/Proposed Order
• 2013-07-29Enforcement Action Data Entered
• 2013-08-06Enforcement Action Closed
• 2013-08-06NPDES Closed