EPA v. MALIBU BEACH INC

Case summary

THIS DIRECT REFERRAL IS BEING MADE WITHOUT A LITIGATION REPORT DUE TO THE EMERTENT NATURE OF THE VIOLATIONS. MR. ALBERT CIARDI OWNS A 50-60 ACRE STRIP OF LAND, KNOWN AS MALIBU BEACH, IN ATLANTIC COUNTY, N.J. THE PROPERTY IS BORDERED BY GREAT EGG HARBOR INLET ON THE SOUTH AND THE OCEAN CITY/LONGPORT BOULEVARD ON THE NORTH. THE PRESENTLY UNDEVELOPED PROPERTY CONTAINS BEACH FRONT, A TIDAL POOL (APPROXIMATELY 15 ACRES), SOD BANKS, MUD FLATS, WETLANDS, AND BEACH DUNES. THIS PROPERTY PROVIDES A UNIQUE AND VITAL BREEDING AND FEEDING HABITAT FOR TWO SPECIES OF WATER BIRDS THAT ARE DESIGNATED AS ENDANGERED OR THREATENED ON FEDERAL AND STATE LISTS, AS WELL AS A STOP-OVER AND STAGING AREA FOR MANY MIGRATORY SHOREBIRDS. IN PARTICULAR, THE TIDAL POOL PROVIDES A PRODUCTIVE AND PROTECTIVE FEEDING AREA FOR THESE SPECIES. MR. CIARDI, OR AUTHORIZED AGENTS, BEGAN DEPOSITING FILL IN WATERS OF THE UNITED STATES IN 1984, AND FILL HAS CONTINUED TO BE DEPOSITED IN TIDAL AREAS AND WETLANDS TO THE PRESENT. MR. CIARDI MADE THREE SEPARATE APPLICATIONS FOR A DEPARTMENT OF ARMY PERMIT TO PLACE FILL ON HIS PROPERTY, BUT ON EACH OCCASION THEY WERE WITHDRAWN OR CANCELLED DUE TO MR CIARDI'S FAILURE TO PROVIDE REQUISITE INFORMATION. THEREFORE, ALL OF THE FILL ACTIVITIES HAVE BEEN UNPERMITTED. THE PHILADELPHIA CORPS OF ENGINEERS ON TWO SEPARATE OCCASIONS NOTIFIED HIM THAT HIS PROPERTY CONTAINED WATERS OF THE U.S. AND EXPLAINED THE BASIS FOR THEIR DETERMINATION. ADDITIONALLY, THEY SENT TWO CEASE AND DESIST LETTERS TO HIM. IN GENERAL, HE RE- SPONDED TO THESE COMMUNICATIONS BY STATING HIS DISAGREEMENT WITH THE CORPS JURISDICTIONAL CLAIMS, AND BY DECLARING HIS INTENT TO CONTINUE THE DEVELOPMENT OF THE PROPERTY. THE CORPS FORWARDED THEIR FILE ON THE CIARDI MATTER TO REGION II BY LETTER DATED 1/22/88, FOR REVIEW AND FURTHER ENFORCEMENT ACTION. WHILE DEVELOPING THE CASE FOR REFERRAL TO THE DEPARTMENT OF JUSTICE, THE REGION LEARNED THAT NEW DISCHARGES OF FILL ON OR ABOUT JULY 4, 1988 HAD EFFECTIVELY BLOCKED TIDAL ACCESS TO THE POOL. THIS CONDITION WILL CAUSE THE POOL TO EVAPORATE ENTIRELY WITHIN A MATTER OF WEEKS BARRING A MAJOR STORM. IT IS THE IMMINENT DESTRUCTION OF THE TIDAL POOL AND THE THREAT OF CONTINUING DISCHARGES THAT PROMPTS THE NEED FOR EXPEDITIOUS INJUNCTIVE RELIEF. THE U.S. ATTY'S OFFICE IN NEWARK HAS BEEN ADVISED OF THIS MATTER AND HAS AGREED TO HANDLE THE CASE FOR THE REGION. THE LAND AND NATURAL RESOURCES DIVISION, DOJ, IN CONJUNCTION WITH THE OFFICE OF REGIONAL COUNSEL, IS CURRENTLY PREPARING THE NECESSARY PAPERS FOR RELIEF, INCLUDING SUPPORTING AFFA- DAVITS, FOR FILING WITH THE U.S. DISTRICT COURT, DISTRICT OF NEW JERSEY. * FACILITY ADDRESS: LONGPORT BOULEVARD EGGHARBOR TOWNSHIP, N.J. 08215 OWNERSHIP: PRIVATE SIC CODE : 6552

Defendants (2)

• MALIBU BEACH INCNamed in complaintNamed in settlement
• CIARDI, ALBERT A.Named in complaintNamed in settlement

Facilities (1)

• MALIBU BEACH INC

  LONGPORT BLVD, EGG HARBOR, NJ, 08215

  Registry ID: 110010709554

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MALIBU BEACH, INC., ET ALentered 1990-06-15

  Primary law: CWA

  Federal penalty: $25,000

Timeline (6 milestones)

• 1988-08-12Referred To Dept Of Justice
• 1988-10-31Complaint Filed With Court
• 1990-06-15Final Order Lodged
• 1990-06-15Final Order Entered
• 1990-06-15Concluded
• 1994-02-28Enforcement Action Closed