# HARLAN CUMBERLAND COAL COMPANY (TOTZ PREPARATION PLANT)
> **Administrative - Formal** · FY2016 · — · Final Order With Penalty
## Case
- **Activity ID:** `3600678400`
- **Case Number:** 04-2016-4506
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- HARLAN CUMBERLAND COAL COMPANY (complaint) (settlement)
## Summary

3/29/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 30 DAYS.

ON JUNE 5, 2013, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S COAL PREPARATION PLANT.  DURING THE CEI AND THE IN-OFFICE FILE REVIEW OF MATERIALS PROVIDED BY RESPONDENT FOLLOWING THE CEI, EPA OBSERVED THE VIOLATIONS LISTED BELOW AND ISSUED AN NOV TO RESPONDENT ON AUG 5, 2013.

A. RESPONDENT'S BMPP, DATED JAN 1, 2013, WAS NOT ADEQUATE FOR THE REASONS LISTED BELOW:
i. THE SITE DESCRIPTION DID NOT CONTAIN THE DNR-APPROVED MINE PLAN OR ANY LISTS OF OUTFALLS, REPRESENTATIVE OUTFALLS OR INSTREAM MONITORING LOACTIONS, IN VIOLATION OF THE PERMIT.

ii. THE BMPP DID NOT CONTAIN ANY MAPS, INCLUDING A MINING AND RECLAMATION MAP, AND ENVIRONMENTAL RESOURCES INFO MAP OR A SITE MAP IDENTIFYING THE LOCATION OF HAZARDOUS OR TOXIC MATERIALS, IN VIOLATION OFTHE PERMIT.

iii. THE FACILITY'S BMPP DID NOT PROVIDE THE RATIONALE FOR SELECTION OF THE BMPs IN VIOLATION OF THE PERMIT.

iv. THE FACILITY WAS NOT COMPLYING WITH THE REQUIREMENTS OF THE BMPP REGARDING INSPECTIONS OF THE FACILITY AND MAINTENANCE OF ITS RECORDS, IN VIOLATION OF THE PERMIT. THE FACILITY'S BMPP STATED THAT ROUTINE INPSECTION OF THE EQUIPMENT AND FACILITIES SHALL BE CONDUCTED MONTHLY AND REPORTS ARE TO BE PREPARED AND STORED ON SITE FOR A MINIMUM OF 3 YEARS. THE INSPECTION REPORTS WERE NOT MAINTAINED ON SITE AS STATED IN THE BMPP. ADDITIONALLY, OUTFALLS INSPECTION REPORTS WERE ONLY AVAILABLE FOR THE FOLLOWI

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*