EPA v. HARDIN COUNTY DEVELOPERS, INC.

Case summary

3/26/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT NOT TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM ON OR ABOUT MAY 15, 2007, TO ON OR ABOUT MAY 30, 2012, DID RESPONDENT POSSESS A PERMIT AUTHORIZATION UNDER SECTION 404 OF THE CWA, ALLOWING THE ACTIVITIES PERFORMED BY RESPONDENT. THE UNAUTHORIZED DISCHARGES HAVE, THEREFORE, BEEN MADE IN VIOLATION OF SECTION 301(a) OF THE CWA. EACH DISCHARGE BY RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a).

Defendants (1)

• HARDIN COUNTY DEVELOPERS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - COWLEY CROSSING GOLF DEVELOPMENT (HARDIN COUNTY DEVELOPERS)

  S. WILSON ROAD, RADCLIFF, KY, 42071

  Registry ID: 110040415681

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HARDIN COUNTY DEVELOPERS, INC.entered 2013-03-26

  Primary law: CWA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2013-03-26Final Order Issued
• 2013-03-26Complaint Filed/Proposed Order
• 2013-03-29Enforcement Action Data Entered
• 2013-04-30Enforcement Action Closed