EPA v. ELMORE SAND AND GRAVEL, INC.

Case summary

May 23, 2025 - CONSENT DECREE The U.S. District Court for the Middle District of Alabama granted a motion to enter a consent decree between the United States and Elmore Sand & Gravel, Inc. (Defendant) that resolves the United States? claims against Defendant for NPDES permit violations and unauthorized discharges of pollutants without coverage under CWA Sections 402 and 404.The proposed Consent Decree sets forth mandatory injunctive requirements. First, Defendant must perform stream stabilization and remediation work consistent with a detailed plan. Second, Defendant must implement a stormwater/wastewater management plan. Third, Defendant must undertake certain wetlands enhancement measures. Fourth, Defendant must preserve open water, wetlands, and buffer areas. Fifth, after Defendant completes these obligations, Defendant must perform monitoring, adaptive management, and maintenance. In addition, under the proposed Consent Decree, Defendant must purchase wetlands mitigation credits, and abide by a prohibitory injunction until the decree?s termination. 9/21/18 - CURRENT OWNERSHIP OF ELMORE SAND AND GRAVEL TOOK OVER OPERATIONS OF A SAND AND GRAVEL MINE IN ELMORE, AL, IN JULY 2004. SINCE THAT TIME, SUBSTANTIAL DISCHARGES TO HUNDREDS OF ACRES OF JURISDICTIONAL WATERS HAVE OCCURRED WITHOUT PERMIT AUTHORIZATION UNDER CWA 404. THE ACTIVITIES THAT HAVE LED TO THE DISCHARGES INCLUDE: EXTENSIVE MECHANICAL LAND CLEARING, CONSTRUCTION OF EARTHEN BERMS, STREAM RE-ROUTING, STOCK-PILING DREDGED MATERIAL, AND THE USE OF STREAMBEDS AND WETLANDS FOR SETTLING PONDS. THERE IS A SINGLE DEFENDANT, ELMORE SAND AND GRAVEL, WHO IS A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF AL. EPA SEEKS CIVIL PENALTIES AND RESTORATION OF A LARGE PORTION OF THE IMPACTED WATERS ON THE SITE. 6/29/2021 ? SUPPLEMENTAL REFERRAL INITIATED WHICH REFERS TO ADDITIONAL RELATED VIOLATIONS OF THE CWA BY ELMORE UNDER SECTION 301(A) OF THE CWA, BASED ON UNPERMITTED DISCHARGES OF POLLUTANTS INTO WATERS OF THE UNITED STATES WITHOUT A REQUIRED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT UNDER SECTION 402 OF THE CWA, AND VIOLATIONS OF CONDITIONS IN ITS CWA NPDES PERMIT.

Defendants (1)

• ELMORE SAND AND GRAVEL, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - ELMORE SAND & GRAVEL - SCOTT PIT

  1322 MARION SPILLWAY ROAD, ELMORE, AL, 36025-0000

  Registry ID: 110043065483

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ELMORE SAND AND GRAVEL, INC.entered 2025-05-23

  Primary law: CWA

Timeline (6 milestones)

• 2018-09-22Enforcement Action Data Entered
• 2018-09-25Referred To Dept Of Justice
• 2021-06-29Supplemental Referral-Adding parties, counts
• 2025-01-17Final Order Lodged
• 2025-01-17Complaint Filed With Court
• 2025-05-23Final Order Entered