EPA v. BAILEY PORT, INC.

Case summary

6/1/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO TWO SEPARATE DISCHARGE AREAS AND FOR FAILURE TO MEET PERMIT CONDITIONS THAT REQUIRED ON-SITE ITIGATION AS FOLLOWS: A. DISCHARGE AREA 1 IS A DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO APPROX 40 LINEAR FEET OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN UNPERMITTED IN-STREAM ROAD CROSSING. B. DISCHARGE AREA 2 IS A DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 500 LINEAR FEET OF AN UNNAMED TRIBUTARY OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AND APPROX 1 ACRE OF JURISDICTIONAL WETLANDS DURING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF AN UNPERMITTED ROCK QUARRY. C. FOR FAILED MITIGATION REQUIREMENTS ASSOCIATED WITH P&L RAILROAD SPUR BRIDGE CONSTRUCTION. COMMENCING ON OR ABOUT JULY 8, 2014, TO PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS DURING THE CONSTRUCTION OF AN UNAUTHORIZED IN-STREAM ROAD CROSSING. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 400 LINEAR FEET OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. EPA ISSUED A LETTER TO RESPONDENTS ON APR 29, 2014, INSTRUCTING THE RESPONDENTS TO GET PRIOR APPROVAL FOR ANY FUTURE WORK WITHIN JURISDICTIONAL WATERS FROM THE COE. THE LETTER WARNED THAT THE CONSTRUCTION OF A NEW IN-STREAM ROAD CROSSING WITHIN JURISDICTIONAL WATERS W/OUT A COE PERMIT WOULD BE CONSIDERED A VIOLATION OF THE CWA. ON JULY 8, 2014, RESPONDENT BUILT AN IN-STREAM ROAD CROSSING WITHIN CYPRESS CREEK, A JURISDICTIONAL WATER, W/OUT THE APPROVAL OR A PERMIT FROM THE COE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JULY 2014 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATER IL BY THE RESPONDENTS.

Defendants (1)

• BAILEY PORT, INC.Named 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.entered 2016-06-01

  Primary law: CWA

Timeline (2 milestones)

• 2016-06-01Final Order Issued
• 2016-06-07Enforcement Action Data Entered