10/26/10 - ADMINISTRATIVE ORDER ISSUED. AS OF THE DATE OFTHIS ORDER, RESPONDENT HAS NOT BEEN ISSUED A KPDES PERMIT FOR THE FACILITY AND DOES NOT HAVE AN EFFECTIVE NPDES PERMIT WHICH ALLOWS DISCHARGES INTO WATERS OF THE U.S. FROM THE RESPONDENT'S FACILITY. RESPONDENT PROVIDED THE KY DEPT OF NATURAL RESOURCES (KDNR), DIVISION OF MINE RECLAMATION AND ENFORCEMENT, COPIES OF DISCHARGE MONITORING REPORTS (DMRs) FOR THE PERIODS COVERING DEC 2008 THRU JUNE 2009, AND SEPT THRU DEC 2009, CONTAINING EFFLUENT MONITORING DATA OF WASTEWATER DISCHARGES FROM THE FACILITY INTO MULLINS BRANCH OF BETTS MANN BRANCH OF HAWES FORK OF QUICKSAND CREEK OF THE NORTH FORK OF THE KY RIVER, WHICH ARE ALL WATERS OF THE U.S. KDNR CONDUCTED AN INSPECTION OF THE FACILITY ON APR 27, 2010, AND ISSUED A NOTICE OF NON-COMPLIANCE DATED MAY 4, 2010, NOTING THAT THE FACILITY INITIATED MINING ACTIVITIES PRIOR TO OBTAINING A KPDES PERMIT AND REQUIRED THE FACILITY TO PURSUE ISSUANCE OF A KPDES PERMIT WITH KDEP. THEREFORE, RESPONDENT VIOLATED SECTIONS 301 AND 402 OF THE CWA BY DISCHARGING WATER ASSOCIATED WITH ITS COAL PREPARATION AND MINING ACTIVITIES INTO WATERS OF THE U.S. ON AT LEAST 21 DAYS OF DISCHARGE IDENTIFIED IN DMRs WITHOUT REQUIRED COVERAGE UNDER A KPDES PERMIT.
ORDER:
WITHIN 7 CALENDAR DAYS, CEASE ALL UNPERMITTED DISCHARGES INTO WATERS OF THE U.S. WITHIN 14 CALENDAR DAYS, PROVIDE WRITTEN CERTIFICATION TO EPA THAT THIS REQUIREMENT HAS BEEN MET.