EPA v. HARLAN CUMBERLAND COAL COMPANY, LLC

Case summary

3/13/14 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON JUNE 5, 2013, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE RESPONDENT'S COAL PREPARATION PLANT. THE INSPECTIONS WERE PERFORMED PURSUANT TO CWA 308. DURING THE CEI AND THE IN-OFFICE FILE REVIEW OF MATERIALS PROVIDED BY RESPONDENT POST-CEI, EPA OBSERVED THE FOLLOWING: A. RESPONDENT'S BMPP, DATED JAN 1, 2013, WAS NOT ADEQUATE FOR THE REASONS LISTED BELOW: - i. THE SITE DESCRIPTION DID NOT CONTAIN THE DNR-APPROVED MINE PLAN OR ANY LISTS OF OUTFALLS, REPRESENTATIVE OUTFALLS OR INSTREAM MONITORING LOCATIONS. - ii. THE BMPP DID NOT CONTAIN ANY MAPS, INCLUDING A MINING AND RECLAMATION MAP, AND ENVIRONMENTAL RESOURCES INFORMATION MAP OR A SITE MAP IDENTIFYING THE LOCATION OF HAZARDOUS OR TOXIC MATERIALS. - iii. THE FACILITY'S BMPP DATED JAN 1, 2013, DID NOT PROVIDE THE RATIONALE FOR SELECTION OF THE BMPs. ADDITIONALLY, THE BMP OBJECTIVES AND GENERAL PRACTICES SPECIFICALLY REFERRED TO A SPCC PLAN. - i. THE FACILITY'S BMPP DATED JAN 1, 2013, STATED THAT ROUTINE INSPECTION OF THE EQUIPMENT AND FACILITIES SHALL BE CONDUCTED MONTHLY AND REPORTS ARE TO BE PREPARED AND STORED ON SITE FOR A MINIMUM OF 3 YRS. THE INSPECTION REPORTS WERE NOT MAINTAINED ON SITE AS STATED IN THE BMP. ADDITIONALLY, OUTFALLS INSPECTION REPORTS WERE ONLY AVAILABLE FOR THE FOLLOWING MONTHS: FEB 2012, JUNE 2012, SEPT 2012, NOV 2012 AND FEB 2013. INSPECTION REPORTS FOR THE SLURRY AND REFUSE IMPOUNDMENTS WERE AVAILABLE APPROX ON A WEEKLY BASIS FROM JAN-MARCH 2013. V. FACILITY'S BMPP DATED JAN 1, 2013, DID NOT DESCRIBE THE PROTOCOLS, PROCEDURES, OR SCHEDULE FOR REVIEW O THE EFFECTIVENESS OF THE BMPs. VI. FACILITY'S BMPP DATED JAN 1, 2013, DID NOT CONTAIN ANY SIGNIFICANT UPDATES FROM THE JULY 19, 2008, BMPP. THE ONLY REVISION WAS TO UPDATE THE BMP COMMITTEE MEMBERS. B. RESPONDENT DID NOT SUBMIT A QAPP TO KDEP DEPT OF WATER UNTIL MAY 20, 2013. THIS WAS 16 MONTHS AFTER ISSUANCE OF THE KPDES PERMIT. C. RESPONDENT DID NOT PERFORM THE QTRLY METALS TESTING AT ALL OUTFALLS FOR APPROX 6 QTRS (JAN 2012-JUNE 2013) SINCE THE PERMIT EFFECTIVE DATE. D. RESPONDENT HAS NOT PERFORMED THE DISCHARGE DURATION MONITORING AT OUTFALLS 004 AND 006 FOR APPROXIMATELY 6 QTRS (JAN 2012-JUNE 2013) SINCE THE PERMIT EFFECTIVE DATE. E. THE FACILITY HAS NOT PERFORMED THE ADDITIONAL MONITORING FOR OUTFALLS 004 AND 006 FOR APPROXIMATELY 6 QTRS (JAN. 2012-JUNE 2013) SINCE THE PERMIT EFFECTIVE DATE. F. RESPONDENT FAILED TO TIMELY PERFORM WHOLE EFFLUENT TOXICITY TESTING FOR OUTFALLS 004 AND 006 FOR APPROXIMATELY 6 QTRS (JAN. 2012-JUNE 2013) SINCE THE PERMIT EFFECTIVE DATE. G. ON CERTAIN DATES, RESPONDENT HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT DURING THE PERIOD FROM JANUARY 2010 THROUGH MARCH 2013.

Defendants (1)

• HARLAN CUMBERLAND COAL COMPANY, LLCNamed in settlement

Facilities (1)

• HARLAN CUMBERLAND COAL CO LLC (848-8059)

  US 119, TOTZ, KY, 40870

  Registry ID: 110009937916

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HARLAN CUMBERLAND COAL COMPANY, LLCentered 2014-03-13

  Primary law: CWA

Timeline (4 milestones)

• 2014-03-13Final Order Issued
• 2014-03-19Enforcement Action Data Entered
• 2015-01-01Enforcement Action Closed
• 2015-01-01NPDES Closed