EPA v. KARST - WEAVER

Case summary

Region 10 will be filing an amendment to the Unilateral Administrative Compliance Order requiring the submission of a stabilization and restoration work plan no later than June 1, 2021 and implementation of restoration measures no later than December 31, 2021 to address Clean Water Act (CWA) violations by Respondents Josh and Rachel Weaver (Owners) and Cody Karst (Operator) at Respondents property in Pinehurst, Idaho. Respondents property is located within the Bunker Hill Mining and Metallurgical Complex Superfund Site. Respondents discharged dredged and/or fill material below the ordinary high water mark of Pine Creek, below the ordinary high water mark of the South Fork of the Coeur d'Alene River, and into adjacent wetlands without authorization under CWA Section 404. Respondents activities also disturbed over two acres of the property, resulting in discharges associated with industrial activity without authorization under the Construction General Permit issued pursuant to CWA Section 402. These violations resulted in the discharge of pollutants into waters of the United States (WOTUS), including highly contaminated sediments subject to cleanup efforts under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The environmental benefit associated with the restoration of the site and removal of the fill is zero as it was accounted for in the previous Order. However, injunctive relief associated with this amendment is estimated to cost approximately $16,000.

Defendants (3)

• CODY KARSTNamed in complaintNamed in settlement
• RACHAEL WEAVERNamed in complaintNamed in settlement
• JOSH WEAVERNamed in complaintNamed in settlement

Facilities (1)

• CODY KARST - SHOSHONE COUNTY PARCEL RP0321300005C0A

  108 SOUTH FORK LANE, PINEHURST, ID, 83850

  Registry ID: 110070884683

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (2)

• WEAVER - KARSTentered 2021-03-05

  Primary law: CWA

• WEAVER - KARSTentered 2020-12-17

  Primary law: CWA

Timeline (3 milestones)

• 2020-12-17Enforcement Action Data Entered
• 2020-12-17Complaint Filed/Proposed Order
• 2021-03-05Final Order Issued