EPA v. CONSTRUCTION INDUSTRIES, INC., ET AL.`

Case summary

THIS LITIGATION REPORT DISCUSSES THE US EPA, REGION I REFERRAL TO THE DEPARTMENT OF JUSTICE OF A CASE TO RESPOND TO THE ILLEGAL FILLING OF WETLANDS AT THE STATELINE INDUS- TRIAL PARK IN SALEM, NEW HAMPSHIRE. THIS FILLING TOOK PLACE OVER A NINE YEARPERIOD AND DESTROYED APPROXIMATELY 6.7 ACRES OF WETLANDS. THE LOST WETLANDS WERE IMPORTANT FOR FLOOD CONTROL, FISH AND WILDLIFE HABITAT, FOOD CHAIN SUPPORT AND POLLUTION FILTRATION. WETLANDS INCLUDING THOSE FILLED AT THE SITE WERE PLACED ON THE REGION'S PRIORITY WETLANDS LIST IN 1986, BECAUSE OF BOTH THEIR SPECIFIC IMPORTANCE AND THE ALARMING LOSS OF WETLANDS IN THE REGION SURROUNDING THE SITE. THE DEVELOPERS OF THE SITE FAILED TO OBTAIN NECESSARY PERMITS FROM THE US ARMY CORPS OF ENGINEERS PRIOR TO CARRYING OUT THE FILLING DESCRIBED ABOVE. THIS UNPER- MITTED FILLING SQUARELY VIOLATES THE CLEAN WATER ACT, 33 USC 1251, ET SEQ. THE REGION PROPOSES TO ADDRESS THESE VIOLA- TIONS WITH THIS ACTION.

Defendants (5)

• CONSTRUCTION INDUSTRIES, INC.Named in complaintNamed in settlement
• CPJ TRUSTNamed in complaintNamed in settlement
• GARABEDIAN, PAUL IN HIS CAPICITY ASNamed in complaintNamed in settlement
• PAUL GARABEDIAN & SONS, INC.Named in complaintNamed in settlement
• TRUSTEE OF CPJ TRUST.Named in complaintNamed in settlement

Facilities (1)

• CONSTRUCTION INDUSRTRIES INC

  5 7 9 11 13 GARDEN DR, SALEM, NH, 03079

  Registry ID: 110010612177

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• CONSTRUCTION INDUSTRIESentered 1989-09-08

  Primary law: CWA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1988-06-30Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1988-08-29Referred TO U.S. Attorney
• 1989-08-30Complaint Filed With Court
• 1989-09-08Final Order Lodged
• 1989-09-08Final Order Entered
• 1989-09-08Concluded
• 1994-12-20Enforcement Action Closed