EPA v. KILGORE COMPANIES LLC

Case summary

Parley?s Canyon Aggregate Pit is an aggregate production facility or sand and gravel pit located at mile post exit 131 on Interstate 80, Salt Lake City, Utah (the Facility). It is owned and operated by Kilgore Companies, LLC. Operations at the Facility involve drilling, blasting, and loading the rock with a front-end loader into a haul truck, and transporting the rock to a crushing area. Sand and gravel are stored at the Facility. On March 7, 2012, inspectors from the EPA and the UDEQ, Division of Water Quality conducted several site visits at various industrial facilities within Salt Lake County, Utah as part of a municipal separate storm sewer system (MS4) inspection of Salt Lake County?s MS4 program. One of the industrial sites visited was the Facility covered under Utah?s Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Discharges (the Permit) (UTR001024), which expired December 31, 2012. On March 4 and March 8, 2013, the UDEQ inspectors conducted additional site visits at the Facility from the public right of way and documented observations of discharge of pollutants. On June 18, 2012, and July 23, 2013, the EPA sent Respondent requests for information pursuant to section 308 of the Act, 33 U.S.C. ?1318. On July 29, 2012, and September 13, 2013, Respondent submitted its responses to the EPA information requests. Based on visual observations of discharges on March 7, 2012, by EPA and UDEQ; March 4, 2013, and March 8, 2013, by UDEQ, and rain data gathered from NOAA?s website collected at the Mountain Dell Reservoir, the EPA alleges that the Facility discharged storm water on at least 59 days between July 2010 and September 2013. Storm water, snow melt, and surface drainage and runoff water have been leaving the Facility and have flowed into Parley?s Creek, a tributary to the Jordan River. Based on the site visits on March 7, 2012, March 4, 2013, and March 8, 2013, and the information provided by Respondent on July 29, 2012, and September 13, 2013, the following deficiencies were identified: a. Failure to keep the storm water management plan (SWPPP) on-site; b. Failure to implement the SWPPP; c. Failure to include required elements in SWPPP; d. Failure to implement control measures; e. Failure to maintain control measures; f. Failure to conduct and report benchmark monitoring; g. Failure to conduct visual monitoring; h. Failure to conduct routine inspections; and i. Failure to conduct comprehensive site evaluations.

Defendants (1)

• KILGORE COMPANIES LLCNamed in complaintNamed in settlement

Facilities (3)

• PARLEYS CANYON AGGREGATE (PIT 16)

  1.5 MILES UP PARLEYS CANYON EXIT 131, NA, UT, NA

  Registry ID: 110032602128

• PARLEYS CANYON AGGREGATE (PIT 16)

  1.5 MILES UP PARLEYS CANYON EXIT 131, NA, UT, NA

  Registry ID: 110032602128

• PARLEY'S PIT

  I-80 QUARRY EXIT PARLEY'S, SALT LAKE CITY, UT, 84108

  Registry ID: 110071711510

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KILGORE COMPANIES LLCentered 2015-11-10

  Primary law: CWA

  Federal penalty: $75,000

Timeline (5 milestones)

• 2015-11-10Final Order Issued
• 2015-11-10Complaint Filed/Proposed Order
• 2015-11-20Enforcement Action Data Entered
• 2017-02-15NPDES Closed
• 2017-02-15Enforcement Action Closed