EPA v. TUCKAHOE TURF FARMS INC

Case summary

TUCKAHOE TURF FARM INC IS A PRODUCER OF SOD FOR COMMERCIAL AND RESIDENTIAL USE. TUCKAHOE LAND INVESTMENT CO INC (tTLI) IS A RELATED ENTITY, ORGANIZED FOR THE PURPOSE OF PURCHASING AND HOLDING PROPERTY. TUCKAHOE TURF ACQUIRED LAND IN BERWICK, ME STARTING IN 1985, TRANSFERING TITLE TO ITS PROPERTIES TO TLI IN 1990. TUCKAHOE TURF HAS USED PORTIONS OF THE PROPERTIES FOR PRODUCTION OF SOD AND OTHER CROPS SINCE 1986. VIOLATIONS OF THE CWA HAVE OCCURRED AT TWO SEPARATE SITES IN BERWICK. THE FIRST, KNOWN AS SITE 1 LOCATED ADJACENT TO THE SALMON FALLS RIVER, IS NOT YET IN SOD PRODUCTION. IN 1998 AND 1999, TUCKAHOE TURF STUMPED AND CLEARED THE SITE, PILING THE STUMPS AND STICKS IN WINDROWS; INSTALLED A DRAINAGE SYSTEM OF PIPES EMBEDDED IN SAND TO DRAIN THE WETLANDS; AND HARROWED THE SITE. TTF STOPPED WORK AT SITE 1 IN 1999 AFTER EPA BEGAN ITS INVESTIGATION. BASED ON OUR SITE INSPECTIONS (INCLUDING DIGGING OF TEST PITS AND A VEGETATIVE ASSESSMENT), AND A REVIEW OF NATIONAL WETLANDS INVENTORY MAPS, SOIL SURVEY DATA, AND AERIAL PHOTOGRAPHY, WE CONCLUDED THAT APPROXIMATELY 39.5 ACRES OF WETLANDS HAD BEEN IMPACTED AT SITE 1. EPA HAS ALSO INVESTIGATED POTENTIAL WETLANDS VIOLATIONS AT ANOTHER NEARBY SITE OWNED BY TLI, KNOWN AS SITE 3 . SITE 3 IS A LARGE PARCEL, BOUNDED BY KEAY BROOK TO THE NORTH, LAKE HATFIELD TO THE EAST, AND THE LITTLE RIVER, A TRIBUTARY TO THE SALMON FALLS RIVER, TO THE SOUTH. AS EARLY AS 1986, TUCKAHOE TURF CLEARED AND STUMPED PORTIONS OF THIS SITE. AS WITH SITE 1, TUCKAHOE TURF INSTALLED A DRAINAGE SYSTEM TO DRAIN ON-SITE WETLANDS, AN ACTIVITY WHICH INVOLVED DISCHARGES OF FILL MATERIAL THROUGH 1998. EPA HAS DETERMINED THAT APPROXIMATELY 16.6 ACRES OF JURISDICTIONAL WETLANDS AND 900 FEET OF INTERMITTENT STREAMS CONNECTING WETLANDS TO LITTLE RIVER WERE ALTERED AT SITE 3 SINCE 1986. THIS IS A CIVIL JUDICIAL LACTION SEEKING INJUNCTIVE RELIEF AND MONETARY PENALTIES AGAINST TLI AND TTF.

Defendants (2)

• TUCKAHOE LAND INVESTMENT CO INCNamed in complaintNamed in settlement
• TUCKAHOE TURF FARMS INCNamed in complaintNamed in settlement

Facilities (2)

• TUCKAHOE TURF FARM

  305 HUBBARD RD, BERWICK, ME, 03901

  Registry ID: 110015750757

• TUCKAHOE TURF FARM

  HUBBARD RD SITE #2, BERWICK, ME, 03901

  Registry ID: 110015750757

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TUCKAHOE TURF FARMS INCentered 2003-09-02

  Primary law: CWA

  Federal penalty: $27,500 · SEP: $150,000

Timeline (7 milestones)

• 2002-06-11Referred To Dept Of Justice
• 2002-06-13Enforcement Action Data Entered
• 2003-06-25Complaint Filed With Court
• 2003-06-25Final Order Lodged
• 2003-09-02Concluded
• 2003-09-02Final Order Entered
• 2011-02-15Enforcement Action Closed