EPA v. KARST - WEAVER

Case summary

EPA Region 10 issued an Administrative Compliance Order to Respondents Josh Weaver, Rachel Weaver, (Owners) and Cody Karst (Operator) and issued a Consent Agreement and Final Order to Mr. Karst to address Clean Water Act (CWA) violations 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?). As part of an EPA-approved Restoration and Mitigation Work Plan, Respondents have agreed to remove the unauthorized fill material and restore the site. The cost of the compliance action is approximately $157,000. Mr. Karst has also agreed to pay $14,000, plus interest, in civil penalties.

Defendants (3)

• JOSH WEAVER
• RACHAEL WEAVER
• CODY KARSTNamed 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 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• KARST - WEAVERentered 2022-01-24

  Primary law: CWA

  Federal penalty: $14,000

Timeline (5 milestones)

• 2021-12-07Enforcement Action Data Entered
• 2022-01-24Complaint Filed/Proposed Order
• 2022-01-24Final Order Issued
• 2022-10-14NPDES Closed
• 2022-10-14Enforcement Action Closed