EPA v. CORDOVA ELECTRIC COOP, WHITEWATER ENGRG & DUKE ENGRG & SVCS

Case summary

ON OR ABOUT OCTOBER 1998, CORDOVA ELECTRIC COOPERATIVE, INC. WHITEWATER ENGINEERING CORPORATION AND DUKE ENGINEERING & SERVICES, INC. COMMENCED CONSTRUCTION ACTIVITIES FOR THE POWER CREEK HYDROELECTRIC PROJECT IN CORDOVA, ALASKA. RESPONDENTS' CONSTRUCTION ACTIVITIES HAVE RESULTED IN THE DISTURBANCE OF GREATER THAN FIVE ACRES OF TOTAL LAND AREA. RESPONDENTS' CONSTRUCTION ACTIVITIES HAVE RESULTED IN THE DISCHARGE OF STORMWATER TO POWER CREEK, HATCHERY CREEK AND EYAK LAKE. THIS STORMWATER HAS BEEN CONVEYED THROUGH GULLIES, DITCHES, CHANNELS, MANMADE BERMS, SIDE SLOPES AND STOCKPILED MATERIAL CONSTRUCTED ON DISTURBED AREAS OF THE SITE, AND HAS BEEN HEAVILY CONTAMINATED WITH ROCK, GRAVEL, SEDIMENT, SILT MATERIAL, AND PETROLEUM PRODUCTS. AT NO TIME HAVE RESPONDENTS SUBMITTED AN ACCURATE AND COMPLETE NOTICE OF INTENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE NPDES CONSTRUCTION GENERAL PERMIT FOR STORMWATER DISCHARGES TO OBTAIN COVERAGE FOR THE FACILITY.

Defendants (3)

• CORDOVA ELECTRIC COOPERATIVE, INC.Named in settlement
• DUKE ENGINEERING & SERVICES, INC.
• WHITEWATER ENGINEERING CORPORATIONNamed in settlement

Facilities (1)

• POWER CREEK HYDROELECTRIC PROJECT

  8 MI NE OF CORDOVA ALONG POWER CREEK RD, CORDOVA, AK, 99574

  Registry ID: 110028040750

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CORDOVA ELECTRIC COOP, & WHITEWATER ENGINEERINGentered 2001-04-03

  Primary law: CWA

Timeline (3 milestones)

• 2001-03-01Enforcement Action Data Entered
• 2001-04-03Final Order Issued
• 2004-04-22Enforcement Action Closed