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KARST - WEAVER

Administrative - Formal · FY2021 · — · Final Order No Penalty · 3602356688

Penalty
Cost recovery
Compliance action

Case

Case Number
10-2021-0030
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order No Penalty
Multimedia
Self-disclosure
N

Defendants (3)

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

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