20210309 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $260,000. RESPONDENT SHALL MAKE SIX INSTALLMENTS DUE WITHIN 450 CALENDAR DAYS.
On April 28, 2015, the Kentucky Division of Water (DOW) found violations of state water
quality standards and observed potential 404 violations. The DOW informed the COE Louisville
District. After determining that the Site had a violation of the CWA and seeing the magnitude of
the violation, the COE asked the EPA to take the lead on the case.
On October 15, 2015, the EPA and the COE performed a Compliance Evaluation Inspection
(CEI) to evaluate Respondent's discharge of dredged/fill material at the Site to assess
compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232.
At no time during the discharge of dredged and/or fill material at the Discharge Area from
November 2014 to April 2015 did the Respondent possess a permit under Section 404 of the
CWA, 33 U.S.C. Section 1344, authorizing the activities performed by Respondent.
Each day the material discharged by the Respondent remains in waters of the United States
without the required permit under Section 404 of the CWA, 33 U.S.C. Section 1344, constitutes a day
of violation of Section 301 of the CWA, 33 U.S.C. Section 1311.