EPA v. Peter-Sam Investment Properties

Case summary

BY DISCHARGING STORMWATER THAT WAS NOT AUTHORIZED BY AN NPDES PERMIT, DEFENDANTS VIOLATED SECTION 301(a) OF THE CLEAN WATER ACT. SUPPLEMENTAL REFERRAL ADDING CWA 404 COUNT ADDED ON 7/31/2006. THE 404 ACTION RELATES TO UNPERMITTED AND UNMANAGED STORM WATER FLOWS FROM A SAND & GRAVEL PIT THAT WILL LIKELY BE THE SITE OF AN INDUSTRIAL PARK. THESE FLOWS WERE CAUSING EROSION AND DEPOSTION OF SOLIDS INTO TWO TRIBUTARIES. CIVIL PENALTY DOES NOT INCLUDE THE CONTRIBUTION FROM R.S. AUDLEY. THIS ACTION INCLUDES STREAM RESTORATION WORK THAT IS BEING DONE PURSUANT TO CWA 404 VIOLATIONS.

Defendants (4)

• TANA PROPERTIES LTD (SB)Named in complaintNamed in settlement
• BALLINGER PROPERTIES LLC (SB)Named in complaintNamed in settlement
• FIVE-N-ASSOCIATES LTD (SB)Named in complaintNamed in settlement
• HUDSON SAND & GRAVEL INC (SB)Named in complaintNamed in settlement

Facilities (1)

• PETER-SAM INVESTMENT PROPERTIES

  PETTENGILL RD, LONDONDERRY, NH, 03053

  Registry ID: 110014416444

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Peter-Sam Investment Propertiesentered 2007-07-05

  Primary law: CWA

  Federal penalty: $250,000

Timeline (9 milestones)

• 2004-06-02Enforcement Action Data Entered
• 2004-09-30Referred To Dept Of Justice
• 2004-09-30Referred To Headquarters
• 2006-07-31Supplemental Referral-Adding parties, counts
• 2007-04-30Final Order Lodged
• 2007-04-30Complaint Filed With Court
• 2007-07-05Final Order Entered
• 2011-12-31Enforcement Action Closed
• 2011-12-31Concluded