EPA v. BLUEGRASS CONTRACTING CORPORATION

Case summary

FEBRUARY 12, 2022 - CONSENT AGREEMENT: Commencing on or about March 24, 2019, to April 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 at the Site from approximately 41 tanker trucks. Upon disposal at the Site, the slurry then flowed down 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 linear feet of the unnamed intermittent tributary and approximately 41 linear feet of Blue Lick Creek, resulting in the discharge of such concrete slurry into the Discharge Area. The slurry was generated as a result of Wagman?s grinding/grooving work at the Kentucky road project under Wagman?s subcontract with Respondent.Consent Agreement and Final Order, Docket No. CWA-04-2021-0506(b) Bluelick Creek is a perennial tributary of Floyds Fork. Floyds Fork flows approximately 3.2 miles to the Salt River, a traditionally navigable water of the United States.

Defendants (1)

• BLUEGRASS CONTRACTING CORPORATIONNamed in complaintNamed 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 2022-01-12

  Primary law: CWA

  Federal penalty: $76,000

Timeline (4 milestones)

• 2022-01-12Complaint Filed/Proposed Order
• 2022-01-12Final Order Issued
• 2022-02-11Enforcement Action Closed
• 2022-03-14Enforcement Action Data Entered