EPA v. BLACK WARRIOR MINERALS (SEABOARD MINE)

Case summary

2/26/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $30,000, DUE WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT JAN 2014 IN POND 20 AND ITS ASSOCIATED TRIBUTARY AND APR 2015 IN POND 21 AND ITS ASSOCIATED TRIBUTARY TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S.ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH COAL MINING. RESPONDENT IMPACTED APPROX 2,153 LINEAR FEET OF WATERS OF THE U.S. THAT ARE TRIBUTARY TO HURRICANE CREEK, WHICH IS TRIBUTARY TO THE LAKE OLIVER, AN IMPOUNDMENT OF THE BLACK WATER RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA.

Defendants (1)

• BLACK WARRIOR MINERALS, INC. (SEABOARD MINE)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (BLACK WARRIOR MINERALS, INC., SEABOARD MINE)

  33.25 N 87.39 W, BROOKWOOD, AL, 35444

  Registry ID: 110070132376

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BLACK WARRIOR MINERALS (SEABOARD MINE)entered 2018-03-01

  Primary law: CWA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2018-03-01Complaint Filed/Proposed Order
• 2018-03-01Final Order Issued
• 2018-03-29Enforcement Action Data Entered