Dec 16, 2021

Proposed Settlement Underway with Cody Karst for Clean Water Act Violations

EPA has determined that an appropriate penalty to settle this action is $14,000. 

idaho storm water

The U.S. EPA is providing notice of a proposed administrative penalty settlement with Cody Karst for violations of the Clean Water Act (CWA) on property located in Pinehurst, Idaho.

According to EPA, Cody Karst, the respondent, failed to obtain permit coverage under Clean Water Act Section 404 before discharging fill material into waters of the U.S.

The fill materials include: stream bed cobble rock, sediment, mine tailings, mine-contaminated sediment, soil, and other native materials, 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 wetlands adjacent to Pine Creek and the South Fork of the Coeur d’Alene River. 

Additionally, EPA alleges that the respondent failed to obtain permit coverage under Clean Water Act Section 402 while performing industrial activities. These activities resulted in storm water discharges into waters of the U.S. as well. 

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According to EPA, in or around July, August, and September 2020, the respondent and/or persons acting on its behalf cleared, graded, and/or excavated that resulted in land disturbance at the site using heavy earthmoving equipment. This resulted in storm water discharges associated with industrial activity without authorization by any NPDES permit issued in accordance with CWA Section 402 and therefore in violation of CWA Section 301.

Cody Karst neither admits nor denies the specific factual allegations contained in the consent agreement. EPA has determined that an appropriate penalty to settle this action is $14,000. 

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