EPA v. NALLY & HAMILTON ENTERPRISES

Case summary

4/18/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX 2,275 LINEAR FEET OF COLDIRON BRANCH. COLDIRON BRANCH IS A PERENNIAL TRIBUTARY OF THE POOR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING COAL MINING OPERATIONS ON THE SITE. COMMENCING ON OR ABOUT JAN 2012 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A JURISDICTIONAL WATER ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH A COAL MINING OPERATION. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2,275 LINEAR FEET OF COLDIRON BRANCH, A TRIBUTARY OF THE POOR FORK OF THE CUMBERLAND RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN PREPARED BY BIOLOGICAL SYSTEMS CONSULTANTS, INC., DATED AUG 16, 2016. B. WITHIN 30 DAYS, RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. C. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. D. MONITORING OF THE RESTORATION SHALL BE CONDUCTED AS OUTLINED IN THE RESTORATION PLAN.

Defendants (1)

• NALLY & HAMILTONNamed in settlement

Facilities (1)

• WETLANDS - NALLY & HAMILTON - COLDIRON (COLDIRON BRANCH N&H04242015)

  HWY 119, CUMBERLAND, KY, 40823

  Registry ID: 110064569275

Statutes cited

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

Enforcement conclusions (1)

• NALLY & HAMILTON ENTERPRISESentered 2017-04-18

  Primary law: CWA

Timeline (2 milestones)

• 2017-04-18Final Order Issued
• 2017-06-22Enforcement Action Data Entered