EPA v. COAL OPERATORS 1, LLC

Case summary

1/22/14 - ADMIN ORDER ON CONSENT ISSUED. ON MAY 5 AND 8, 2012, EPA PERFORMED A COMPLIANCE SAMPLING INSPECTION (CSI) AT RESPONDENT'S COAL PREP PLANT. A COMPLIANCE EVALUATION INSPECTION (CEI) WAS CONDUCTED ON JULY 17-19, 2012. DURING THE CSI AND CEI, EPA OBSERVED: A. ON JULY 18, 2012, EPA OBSERVED DARK BROWN TO BLACK STORMWATER RUNOFF FROM THE COAL REFUSE PILE AREA AND THE HAUL ROAD DIRECTLY FLOWING INTO HOPKINS CREEK. B. RESPONDENT'S BMPP, DATED MAY 15, 2012, DOES NOT CONTAIN INFO ABOUT INSPECTION RECORDS, INSPECTION PROCEDURES AND FREQUENCIES, OR IDENTIFY THE LOCATION OF WHERE THESE RECORDS WILL BE STORED. C. PLANT HAS 3 REPRESENTATIVE OUTFALLS TO HOPKINS CREEK IN SEC 1.1 OF THE PERMIT, BUT A 4TH UNPERMITTED OUTFALL WAS OBSERVED IN MAY 2012. D. RESPONDENT DID NOT SUBMIT A QAPP KDEP DEPT OF WATER (DOW) UNTIL JAN 12, 2012. THIS WAS 6 MONTHS AFTER ISSUANCE OF THE KPDES PERMIT. RESPONDENT WAS REQUIRED TO SUBMIT THE QAPP WITHIN 30 DAYS AFTER ISSUANCE OF THE KPDES PERMIT. E. RESPONDENT DID NOT REPORT OIL AND GREASE ANALYTICAL DATA ON THE DMRs FROM JUL 2011 TO MAY 2012. F. RESPONDENT DID NOT REPORT TOTAL DISSOLVED SOLIDS AND TOTAL HARDNESS ON THE DMRs FROM JUL 2011 TO DEC 2011. G. PERMITTEE DID NOT AT ALL TIMES IMPLEMENT A BMPP WITH ADEQUATE EROSION PREVENTION MEASURES AND SEDIMENT CONTROL MEASURES. - i. COAL AND COAL DUST WERE OBSERVED ON THE ROAD ADJACENT TO THE LOADING/UNLOADING AREA AND ON THE ROAD ENTERING THE REFUSE PILE AREA. AT BOTH LOCATIONS, THE ROAD IS ADJACENT TO HOPKINS CREEK AND A SOURCE OF STORMWATER RUNOFF. - ii. MANY OF THE BERMS ADJACENT TO HOPKINS CREEK ARE NOT VEGETATED AND ARE SOURCES OF SEDIMENT POLLUTION FROM STORMWATER RUNOFF. SOIL EROSION FROM THE BANKS OF HOPKINS CREEK NEAR THE SEDIMENT POND AT OUTFALL #4 WAS OBSERVED. RESPONDENT HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT IN 4 INSTANCES DURING THE PERIOD FROM OCT 2011 THRU MAY 2012. EFFLUENT PARAMETERS VIOLATED INCLUDE MANGANESE AND IRON. A. DMR DATA FOR OCT 2011 AT KPDES OUTFALL 001 (POSSIBLY 002) SHOWS THE MONTHLY AVG CONCENTRATION OF 35 mg/L AND THE DAILY MAX OF 70 mg/L FOR TOTAL SUSPENDED SOLIDS WERE EXCEEDED AT 41 mg/L AND 81 mg/L RESPECTIVELY. B. DMR DATA FOR NOV 2011 AT KPDES OUTFALL 004 (POND SS-B) SHOWS THE MONTHLY AVG CONCENTRATION OF 2.0 mg/L FOR TOTAL RECOVERABLE MANGANESE WAS EXCEEDED AT 2.07 mg/L. C. DMR DATA FOR FEB 2012 AT KPDES OUTFALL 004 (POND SS-B) SHOWS THE DAILY MAX CONCENTRATION OF 4.0 mg/L FOR TOTAL RECOVERABLE IRON WAS EXCEEDED AT 4.2 mg/L. D. DMR DATA FOR MAY 2012 AT KPDES OUTFALL 004 (POND SS-B) SHOWS THE MONTHLY AVG CONCENTRATION OF 2.0 mg/L FOR TOTAL RECOVERABLE MANGANESE WAS EXCEEDED AT 2.2 mg/L. ORDER REQUIRES: REVISE THE BEST MGMT PRACTICES PLAN (BMPP) SO THAT IT IS SPECIFIC TO THE COAL OPERATORS FACILITY, AND INCLUDE INFO ABOUT INSPECTION RECORDS, INSPECTION PROCEDURES AND FREQUENCIES AND IDENTIFY IN THE BMPP THE LOCATION OF WHERE THESE RECORDS WILL BE STORED, AS REQUIRED BY THE KPDES PERMIT SECTION 3.1.1.5.4. IN ADDITION, MAINTAIN A DESCRIPTION OF THE BMPP AT THE FACILITY, IN ACCORDANCE WITH SECTION 3.1.1.5.7 OF THE PERMIT. ALSO, INCLUDE IN THE BMPP THE ESTABLISHED PROTOCOLS, PROCEDURES, AND A SCHEDULE OF REVIEW FOR THE EVALUATION OF THE EFFECTIVENESS OF THE SELECTED BMPs AS REQUIRED BY SEC 3.1.1.5.5 OF THE PERMIT. THE BMPP SHALL BE CONSISTENT WITH EPA'S NPDES BMP GUIDANCE DOCUMENT REFERENCED IN SEC 3.1.1.5 OF THE PERMIT. PROVIDE COPY OF REVISED BMPP TO EPA WITHIN 60 DAYS. B. IMPLEMENT BMPP FOR CONTROL OF ACID MINE DRAINAGE, CONDUCTIVITY, TOTAL DISSOLVED SOLIDS AND SEDIMENT RELEASED FROM THE OPERATION, IN ACCORDANCE WITH SEC 3.1 OF THE PERMIT. PREVENT OR MINIMIZE POTENTIAL FOR RELESE OF BMP POLLUTANTS AS REQUIRED BY SEC 3.1.1.2 OF PERMIT. PROVIDE WRITTEN DOCUMENTATION, INCLUDING INSPECTION REPORTS AND PHOTOS SHOWING RESPONDENT HAS IMPLEMENTED EROSION PREVENTION MEASURES; SEDIMENT CONTROL MEASURES; FILL MINIMIZATION AND OPTIMIZATION ME

Defendants (1)

• COAL OPERATORS 1, LLC (SB)Named in settlement

Facilities (1)

• COAL OPERATORS 1 LLC (898-8164)

  KY 1789, MILLARD, KY, 41562

  Registry ID: 110006654682

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• COAL OPERATORS 1, LLCentered 2014-01-22

  Primary law: CWA

Timeline (4 milestones)

• 2014-01-22Final Order Issued
• 2014-02-20Enforcement Action Data Entered
• 2015-01-01Enforcement Action Closed
• 2015-01-01NPDES Closed