THIS CASE INVOLVES THE ILLEGAL DISCHARGE OF FILL MATERIAL FROM MOUNTAIN TOP MINING ACTIVITIES INTO 3,000 LINEAR FEET OF HEADWATER STREAMS WITHOUT A CWA 404 PERMIT.
APEX ENERGY, INC., A KY CORPORATION, IS THE ONLY DEFENDANT IN THIS ACTION.
EPA IS SEEKING BOTH A PENALTY AND INJUNCTIVE RELIEF IN THE FORM OF ON-SITE RESTORATION AND OFF-SITE MITIGATION. THE DEFENDANT WILL ALSO BE REQUIRED TO SECURE AN AFTER-THE-FACT PERMIT FROM THE ARMY CORPS OF ENGINEERS.