EPA v. HARLAN CUMBERLAND COAL COMPANY (TOTZ PREPARATION PLANT)

Case summary

3/29/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 30 DAYS. ON JUNE 5, 2013, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S COAL PREPARATION PLANT. DURING THE CEI AND THE IN-OFFICE FILE REVIEW OF MATERIALS PROVIDED BY RESPONDENT FOLLOWING THE CEI, EPA OBSERVED THE VIOLATIONS LISTED BELOW AND ISSUED AN NOV TO RESPONDENT ON AUG 5, 2013. 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 LOACTIONS, IN VIOLATION OF THE PERMIT. ii. THE BMPP DID NOT CONTAIN ANY MAPS, INCLUDING A MINING AND RECLAMATION MAP, AND ENVIRONMENTAL RESOURCES INFO MAP OR A SITE MAP IDENTIFYING THE LOCATION OF HAZARDOUS OR TOXIC MATERIALS, IN VIOLATION OFTHE PERMIT. iii. THE FACILITY'S BMPP DID NOT PROVIDE THE RATIONALE FOR SELECTION OF THE BMPs IN VIOLATION OF THE PERMIT. iv. THE FACILITY WAS NOT COMPLYING WITH THE REQUIREMENTS OF THE BMPP REGARDING INSPECTIONS OF THE FACILITY AND MAINTENANCE OF ITS RECORDS, IN VIOLATION OF THE PERMIT. THE FACILITY'S BMPP STATED THAT ROUTINE INPSECTION OF THE EQUIPMENT AND FACILITIES SHALL BE CONDUCTED MONTHLY AND REPORTS ARE TO BE PREPARED AND STORED ON SITE FOR A MINIMUM OF 3 YEARS. THE INSPECTION REPORTS WERE NOT MAINTAINED ON SITE AS STATED IN THE BMPP. 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-MAR 2013. v. THE FACILITY'S BMPP DID NOT DESCRIBE THE PROTOCOLS, PROCEDURES, OR SCHEDULE FOR REVIEW OF THE EFFECTIVENESS OF THE BMPs, IN VIOLATION OF THE PERMIT. vi. THE FACILITY'S BMPP DID NOT CONTAIN ANY SIGNIFICANT UPDATES FROM THE JUL 19, 2008, BMPP IN VIOLATION OF THE PERMIT. B. RESPONDENT DID NOT SUBMIT A QAPP TO KDEP DEPT OF WATER UNTIL MAY 20, 2013. THIS WAS 16 MONTHS AFTER ISSUANCE OF HTE 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 DID NOT PERFORM THE DISCHARGE DURATION MONITORING AT OUTFALLS 004 AND 006 FOR APPROX 6 QTRS. E. FACILITY DID NOT PERFORM THE ADDITIONAL MONITORING FOR OUTFALLS 004 AND 006 FOR APPROX 6 QTRS. F. RESPONDENT FAILED TO TIMELY PERFORM WHOLE EFFLUENT TOXICITY TESTING FOR OUTFALLS 004 AND 006 FOR APPROX 6 QTRS. G. ON CERTAIN DATES, RESPONDENT DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT DURING THE PERIOD FROM JAN 2010 THRU MAR 2013.

Defendants (1)

• HARLAN CUMBERLAND COAL COMPANYNamed in complaintNamed 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 (TOTZ PREPARATION PLANT)entered 2016-03-29

  Primary law: CWA

  Federal penalty: $1,500

Timeline (5 milestones)

• 2016-03-29Final Order Issued
• 2016-03-29Complaint Filed/Proposed Order
• 2016-03-31Enforcement Action Data Entered
• 2016-04-21NPDES Closed
• 2016-04-21Enforcement Action Closed