EPA v. BAILEY PORT, INC., AND JAMES C. BAILEY

Case summary

8/11/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $80,000, DUE WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT JULY 2014, RESPONDENTS, OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS DURING THE UNAUTHORIZED ACTIVITIES ASSOCIATED WITH CONSTRUCTING AN IN-STREAM ROAD CROSSING. RESPONDENTS IMPACTED APPROX 400 LINEAR FEET OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JULY 2014 TO PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS.

Defendants (2)

• JAMES C. BAILEYNamed in complaintNamed in settlement
• BAILEY PORT, INC.Named in complaintNamed in settlement

Facilities (4)

• BAILEY PORT, INC.

  750 SHAR - CAL ROAD, CALVERT CITY, KY, 42029

  Registry ID: 110003247111

• BAILEY PORT, INC.

  750 SHAR - CAL ROAD, CALVERT CITY, KY, 42029

  Registry ID: 110003247111

• BAILEY PORT, INC.

  750 SHAR - CAL ROAD, CALVERT CITY, KY, 42029

  Registry ID: 110003247111

• BAILEY PORT, INC.

  750 SHAR - CAL ROAD, CALVERT CITY, KY, 42029

  Registry ID: 110003247111

Statutes cited

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

Enforcement conclusions (1)

• BAILEY PORT, INC., AND JAMES C. BAILEYentered 2016-08-11

  Primary law: CWA

  Federal penalty: $80,000

Timeline (4 milestones)

• 2016-08-11Final Order Issued
• 2016-08-11Complaint Filed/Proposed Order
• 2016-08-25Enforcement Action Data Entered
• 2017-07-21Enforcement Action Closed