EPA v. TARTER GATE WOOD PRODUCTS, LLC (TARTER LOGGING)

Case summary

20210309 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $260,000. RESPONDENT SHALL MAKE SIX INSTALLMENTS DUE WITHIN 450 CALENDAR DAYS. On April 28, 2015, the Kentucky Division of Water (DOW) found violations of state water quality standards and observed potential 404 violations. The DOW informed the COE Louisville District. After determining that the Site had a violation of the CWA and seeing the magnitude of the violation, the COE asked the EPA to take the lead on the case. On October 15, 2015, the EPA and the COE performed a Compliance Evaluation Inspection (CEI) to evaluate Respondent's discharge of dredged/fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232. At no time during the discharge of dredged and/or fill material at the Discharge Area from November 2014 to April 2015 did the Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. Section 1344, authorizing the activities performed by Respondent. Each day the material discharged by the Respondent remains in waters of the United States without the required permit under Section 404 of the CWA, 33 U.S.C. Section 1344, constitutes a day of violation of Section 301 of the CWA, 33 U.S.C. Section 1311.

Defendants (1)

• TARTER GATE WOOD PRODUCTS, LLCNamed in complaintNamed in settlement

Facilities (1)

• TARTER TURKEY CREEK 10272015

  TURKEY CREEK ROAD, MINTONVILLE, KY, 42516

  Registry ID: 110067640379

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TARTER GATE WOOD PRODUCTS, LLC (TARTER LOGGING)entered 2021-03-09

  Primary law: CWA

  Federal penalty: $260,000

Timeline (3 milestones)

• 2021-03-09Complaint Filed/Proposed Order
• 2021-03-09Final Order Issued
• 2021-04-12Enforcement Action Data Entered