The U.S. Environmental Protection Agency (EPA), Region 5, is providing notice of intent to file a Proposed Consent Agreement and Final Order (Proposed CAFO) against Central Fuel Company (Respondent) for alleged violations of the Clean Water Act (CWA). Respondent discharges pollutants to tributaries of the Tuscarawas River, subject to the requirements of the CWA. Alleged violations were identified during an inspection of the Central Fuel Company's coal processing plant in New Philadelphia, Ohio, in May of 2016. During the inspection, EPA observed the discharge of pollutants from ponds within the plant to waters of the United States without permit coverage. Central Fuel Company also reported, in monthly report forms provided to EPA, 21 discharges of pollutants from April 25, 2013, through September 17, 2016, to waters of the United States without permit coverage, in violation of Section 30l(a) of the Clean Water Act.
The Proposed CAFO will resolve Respondent's liability for civil penalties for alleged unauthorized discharges to tributaries of the Tuscarawas River. EPA and Respondent have agreed that Respondent will pay a civil penalty of $54,169 to resolve these alleged violations.