20210304 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGATIONS
Commencing on or about March 24, 201 9 to Apr il 8, 2019 , Wagman Heavy Civil, Inc. ( Wagman ), a subcontractor of Respondent acting pursuant to its subcontract with Respondent, disposed of approximately 205,000 gallons of concrete slurry material from approximately 41 tanker trucks at the Property, resulting in the discharge or such concrete slurry into the jurisdictional waters at the Site. The slurry was generated as a result of Wagman 's grinding/grooving work at the Kentucky road project under Wagman 's subcontract with Respondent.
Upon disposal at the Property. the slurry then flowed d0\\11 the slope and, after flowing briefly through an ephemeral channel, entered the unnamed intermittent tributary at the base of the fill slope, ultimately impacting approximately 9,083 li near feet of the unnamed intermittent tributa1y and approximately 41 linear feet of Blue Lick Creek.
9. Under the Commonwealth of Kentucky's direct ion and supervision, on or about April 10, 2019 to May 1 6, 2019, the Respondent undertook emergency measures to contain and remove the slurry. After the containment measures were in place, the Respondent removed the concentrated areas of slurry to the extent possible. The emergency slurry removal operation was conducted without EPA's or U.S. Anny Corps of Engineers' oversight resulting in additional impacts to the unnamed tributary , having disturbed the unnamed tributa