EPA Comes Down on Producer

Aug. 15, 2019 – The U.S. Environmental Protection Agency (EPA) announced an agreement with Whitaker Aggregates Inc. of Humboldt, Kan., to pay a civil penalty for failing to respond to an information request in violation of the Clean Water Act Section 308. Whitaker Aggregates will pay a penalty of $7,500. “EPA relies on information requests to successfully ensure regulated facilities are…

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WOTUS Woes

March 7, 2019 – We keep inching close to solving the industry’s WOTUS woes. Man-made, roadside ditches provide critical surface drainage that protects the traveling public and should be exempt from federal wetland regulations, American Road & Transportation Builder Association (ARTBA) Vice Chairman David Harwood told a Feb. 27 government hearing. That’s a key reason the association is supporting the Trump administration’s…

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Whoa on WOTUS

Feb. 25, 2019 – Aggregates producers have until April 15 to submit comments that support a clearer Waters of the U.S. (WOTUS) rule. The comment period for the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers proposed WOTUS “replacement” rule is open until April 15. It was released in December 2018, but the federal government shutdown slowed the rule’s publication in the federal register, thereby…

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Federal Judge Blocks WOTUS Rule in 11 States

On June 8, the U.S. District Court for the Southern District of Georgia blocked the 2015 Waters of the United States (WOTUS) rule in 11 states, making it void in 24 states total. The judge’s decision that the 2015 rule violated federal law, including the Clean Water Act and the Administrative Procedure Act, supports NSSGA’s long-standing opinion of WOTUS.

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What Does Supreme Court WOTUS Ruling Mean?

On Jan. 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (WOTUS) belong in district court rather than the appellate court. The WOTUS Rule was developed by the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) to clarify which waters and wetlands fall under federal jurisdiction.

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EPA Settles With D.C. Processing Plant on Water Act Violations

The U.S. Environmental Protection Agency (EPA) announced it has entered into a settlement agreement with Recycled Aggregates LLC and John Driggs Co., including a penalty of $32,400, resolving alleged Clean Water Act violations at a rock and gravel processing facility located at 1721 S. Capitol St. SW in Washington, D.C.

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