EPA v. APPOLO FUELS, INC.

Case summary

8/8/14 - COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAQINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK OF THE CUMBERLAND RIVER AT THE JELLICO SURFACE MINE #1 NEAR FONDE, IN BELL COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF ONE HOLLOW FILL AND TWO SEDIMENT RETENTION PONDS. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OPERATOR OF THE PARCELS OF LAND THAT COMPRISE THE JELLICO SURFACE MINE #1. COMMENCING ON OR ABOUT AUG 18, 2009, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY, DURING THE CONSTRUCTION OF A HOLLOW FILL (HOLLOW FILL 1) AND TWO SEDIMENT RETENTION PONDS (PONDS 1 AND 4). TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S DISCHARGE OF DREDGED AND/OR FILL MATERIAL IMPACTED APPROX 1,195 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO CLEAR FORK OF THE CUMBERLAND RIVER, WHICH FLOW INTO THE CLEAR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE WATER OF THE U.S. RESPONDENT APPLIED FOR PARTIAL COVERAGE UNDER A SECTION 404 CWA PERMIT FOR IMPACTS TOTALING 655 LINEAR FEET IN AN UNNAMED TRIBUTARY TO CLEAR FORK OF THE CUMBERLAND RIVER ASSOCIATED WITH THE CONSTRUCTION OF HOLLOW FILL 1 AND POND 1 ON JULY 28, 2009. HOWEVER, AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREAS FROM ON OR ABOUT AUG 18, 2009, TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT, AND/OR THOSE ACTING ON ITS BEHALF. WITHIN 30 DAYS OF THE EFFECTIVE DATE, RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS FOR AUTHORIATION UNDER NATIONWIDE PERMIT 32 (NWP 32) FOR APPROX 405 LINEAR FEET OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN AN UNNAMED TRIBUTARY TO CLEAR FORK OF THE CUMBERLAND RIVER. IF GRANTED, RESPONDENT SHALL COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE NWP 32, INCLUDING, BUT NOT LIMITED TO THE PURCHASE OF IN-LIEU-FEE STREAM CREDITS (ILF) IN THE AMOUNT OF $83,009 TO COMPENSATE FOR THE LOSS OF 136.08 ECOLOGICAL INTEGRITY UNITS IN ACCORDANCE WITH THE PAYMENT SCHEDULE ESTABLISHED BY THE CORPS. RESPONDENT SHALL PROVIDE A COPY OF SUCH APPLICATION TO EPA WITHIN 30 DAYS OF SUBMITTAL TO CORPS. WITHIN 30 DAYS OF RECEIPT OF THE CORPS' VERIFICATION LETTER GRANTING COVERAGE UNDER NWP 32, RESPONDENT SHALL PROVIDE A COPY TO EPA. UPON ISSUANCE OF NWP 32, RESPONDENT SHALL PAY THE ILF PURSUANT TO THE TERMS AND CONDITIONS OF THE NWP 32. RESPONDENT SHALL PROVIDE PROOF OF THE ILF PAYMENT TO EPA WITHIN 30 DAYS. WITHIN 30 DAYS OF RECEIPT OF THE KY DEPT OF NATURAL RESOURCES (KDNR) APPROVAL TO REMOVAL PONDS 1 AND 4, RESPONDENT SHALL COMMENCE WITH RESORATION OF STREAMS 1 AND 2 IN ACCORDANCE WITH THE RESTORATION PLAN IN EXHIBIT C. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION OF STREAMS 1 AND 2 WITHIN 10 DAYS OF RECEIPT OF KDNR'S APPROVAL TO REMOVE PONDS 1 AND 4. RESPONDENT SHALL COMPLETE RESTORATION ACTIVITIES WITHIN 180 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUMBIT WRITTEN STATEMENT OF COMPLETION TO EPA AND SCHEDULE INPSECTION OF THE RESTORED STREAM AREAS. RESPONDENT SHALL INSPECT RESTORED AREA ANNUALLY FOR 5 YRS AFTER RESTORATION COMPLETION AND SUBMIT ANNUAL REPORT TO EPA BY DEC 31ST OF EACH YR.

Defendants (1)

• APPOLO FUELS, INC.Named in settlement

Facilities (1)

• APPOLO FUELS, INC- JELLICO MINE # 1

  KY - 535, FONDE, KY, 40940

  Registry ID: 110055367491

Statutes cited

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

Enforcement conclusions (1)

• APPOLO FUELS, INC.entered 2014-08-08

  Primary law: CWA

Timeline (2 milestones)

• 2014-08-08Final Order Issued
• 2014-08-14Enforcement Action Data Entered