EPA v. MAIETTA CONSTRUCTION INC

Case summary

08/19/21 - On July 29, 2021, the United States District Court, District of Maine, entered a Consent Decree resolving violations of Section 404 of the Clean Water Act (CWA) alleged to have been committed by Maietta Construction, Inc., Maietta Enterprises, Inc. and M7 Land Company, LLC at a site located in Scarborough, Maine. Maietta Construction, Inc. is an earth moving company, and Maietta Enterprises, Inc. and M7 Land Company, LLC are the former and current owners of the site, respectively. Starting in the 1960s, Maietta Construction, Inc. continuously used the site as material staging and reprocessing area for its earthwork operations. Maietta Construction filled approximately 10 wetland acres falling under the jurisdiction of the CWA on the site. Prior to disturbance, these wetlands were mainly forested freshwater wetlands with a mixture of coniferous and hardwood trees and were adjacent to an unnamed tributary to the Spurwink River, a navigable waterway that runs through the Rachael Carson National Wildlife Refuge. The Consent Decree requires the payment of a $25,000 penalty and the restoration of the site. The restoration, estimated to cost $850,000, will involve removing fill and restoring about five acres of previously forested wetlands, creating a plant buffer between areas of remaining fill and restored areas, restoring and enhancing 1.2 wetland acres by performing invasive species management and removing fill, mitigating some 7.7 adjacent acres of forested wetlands, in part by plugging drainage ditches and managing invasive species, and establishing a 14.5 acre conservation easement to preserve the wetlands in perpetuity. The site is not located in an environmental justice area. No public comments were received regarding the Consent Decree. On May 14, 2021, the United States Department of Justice lodged a Consent Decree resolving violations of Section 404 of the Clean Water Act (CWA) alleged to have been committed by Maietta Construction, Inc., Maietta Enterprises, Inc. and M7 Land Company, LLC at a site located in Scarborough, Maine. Maietta Construction, Inc. is an earth moving company, and Maietta Enterprises, Inc. and M7 Land Company, LLC are the former and current owners of the site, respectively. Starting in the 1960s, Maietta Construction, Inc. continuously used the site as material staging and reprocessing area for its earthwork operations. Maietta Construction filled approximately 10 wetland acres falling under the jurisdiction of the CWA on the site. Prior to disturbance, these wetlands were mainly forested freshwater wetlands with a mixture of coniferous and hardwood trees and were adjacent to an unnamed tributary to the Spurwink River, a navigable waterway that runs through the Rachael Carson National Wildlife Refuge. The Consent Decree requires the payment of a $25,000 penalty and the restoration of the site. The restoration, estimated to cost $850,000, will involve removing fill and restoring about five acres of previously forested wetlands, creating a plant buffer between areas of remaining fill and restored areas, restoring and enhancing 1.2 wetland acres by performing invasive species management and removing fill, mitigating some 7.7 adjacent acres of forested wetlands, in part by plugging drainage ditches and managing invasive species, and establishing a 14.5 acre conservation easement to preserve the wetlands in perpetuity. The Consent Decree is subject to a thirty-day public comment period and court approval. The site is not located in an environmental justice area.

Defendants (3)

• M7 Land Company LLCNamed in complaintNamed in settlement
• Maietta Enterprises IncNamed in complaintNamed in settlement
• Maietta Construction IncNamed in complaintNamed in settlement

Facilities (1)

• MAIETTA CONSTRUCTION INC.

  154 PLEASANT HILL ROAD, SCARBOROUGH, ME, 04074-7119

  Registry ID: 110010707716

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MAIETTA CONSTRUCTION INCentered 2021-07-29

  Primary law: CWA

  Federal penalty: $25,000

Timeline (5 milestones)

• 2018-02-26Referred To Dept Of Justice
• 2018-03-20Enforcement Action Data Entered
• 2021-05-13Complaint Filed With Court
• 2021-07-29Final Order Lodged
• 2021-07-29Final Order Entered