EPA v. BLUEGRASS CONTRACTING CORPORATION

Case summary

20210304 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEGATIONS Commencing on or about March 24, 201 9 to Apr il 8, 2019 , Wagman Heavy Civil, Inc. ( Wagman ), a subcontractor of Respondent acting pursuant to its subcontract with Respondent, disposed of approximately 205,000 gallons of concrete slurry material from approximately 41 tanker trucks at the Property, resulting in the discharge or such concrete slurry into the jurisdictional waters at the Site. The slurry was generated as a result of Wagman 's grinding/grooving work at the Kentucky road project under Wagman 's subcontract with Respondent. Upon disposal at the Property. the slurry then flowed d0\\11 the slope and, after flowing briefly through an ephemeral channel, entered the unnamed intermittent tributary at the base of the fill slope, ultimately impacting approximately 9,083 li near feet of the unnamed intermittent tributa1y and approximately 41 linear feet of Blue Lick Creek. 9. Under the Commonwealth of Kentucky's direct ion and supervision, on or about April 10, 2019 to May 1 6, 2019, the Respondent undertook emergency measures to contain and remove the slurry. After the containment measures were in place, the Respondent removed the concentrated areas of slurry to the extent possible. The emergency slurry removal operation was conducted without EPA's or U.S. Anny Corps of Engineers' oversight resulting in additional impacts to the unnamed tributary , having disturbed the unnamed tributary' s bed and bank for approximately 1,766 linear feet, with discharges of dredged and/or fill material occurring during this activity. Respondent's emergency remedial operations continued until on or about May 16, 2020, when the EPA requested, in order to minimize harm to the stream bed from restoration measures, that emergency restoration measures be suspended and fu11her, restoration proceed only after completion of a restoration plan approved by EPA and KDOW. Additional remedial action is required to complete the restoration of the impacted streams, and such further remedial action is the subject of this AOC.

Defendants (1)

• BLUEGRASS CONTRACTING CORPORATIONNamed in settlement

Facilities (1)

• BLUEGRASS CONTRACTING CORPORATION

  2713 BROOKS HILL ROAD, BROOKS, KY, 40109

  Registry ID: 110070936503

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BLUEGRASS CONTRACTING CORPORATIONentered 2021-03-04

  Primary law: CWA

Timeline (2 milestones)

• 2021-03-04Final Order Issued
• 2021-04-12Enforcement Action Data Entered