EPA v. COPENHAGEN

Case summary

REQUEST FOR CIVIL LITIGATION/COUNTERCLAIM IN THE CIVIL ACTION BROUGHT BY MR. PAUL H. COPEHAGEN ON JULY 20,1990. * COPENHAGEN IS A PRIVATE CITIZEN WHO HAS PLACED UNPERMITTED FILL IN LAKE ONTARIO, A WATER OF THE U.S., IN VIOLATION OF SECTION 301 OF THE CWA. IN HIS ACTION, HE SEEKS TO HAVE THE COURT EITHER DIRECT THAT PERMITS BE ISSUED FOR THE WORK THAT HE HAS DONE AND SEEKS TO DO, OR DECLARE THAT NO PERMITS ARE REQUIRED FOR THE WORK. * COPENHAGEN HAS VIOLATED THE CWA THROUGH HIS UNPERMITTED PLACEMENT OF METAL STRUCTURES AND FILL IN LAKE ONTARIO, A WATER OF THE UNITED STATES. * PROPOSED RELIEF: A JUDICIAL ORDER DIRECTING COPENHAGEN TO REMOVE THE ILLEGALLY PLACED FILL. THE IMPOSITION OF A CIVIL PENALTY. * US EPA REGION II ISSUED A FINDINGS OF VIOLATION AND ORDER ON JUNE 25, 1990. * THIS CASE IS IMPORTANT IN THE CONTEXT OF REGIONAL ENFORCE- MENT EFFORTS, TO ESTABLISH A STRONG ENFORCEMENT PRESENCE IN ORDER TO CURTAIL ILLEGAL FILL ACTION BY INDIVIDUAL VIOLATERS. * ON FEB. 7, 1990 THE ENFORCEMENT CASE WAS REFERRED TO EPA FROM THE U.S. ARMY CORPS OF ENGINEERS, BUFFALO DISTRICT. SUBSEQUENT TO EPA'S 6/25/90 ORDER, ON 7/29/90, COPENHAGEN INITIATED A CIVIL ACTION AGAINST THE U.S. IN THIS MATTER. * MAILING ADDRESS: PAUL H. COPENHAGEN 2638 EDGEMERE DRIVE ROCHESTER, NEW YORK 14612-1149

Defendants (3)

• COPENHAGEN, PAULNamed in complaintNamed in settlement
• US ARMY CORPS OF ENGINEERS
• US EPA

Facilities (1)

• EDGEMERE DRIVE FILL SITE

  2644 - 2650 EDGEMERE DR, ROCHESTER, NY, 14612

  Registry ID: 110010601447

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PAUL H. COPENHAGENentered 1992-07-13

  Primary law: CWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1990-02-07Enforcement Action Data Entered
• 1990-09-17Referred To Dept Of Justice
• 1991-07-31Complaint Filed With Court
• 1992-07-13Final Order Lodged
• 1992-07-13Final Order Entered
• 1992-07-13Concluded
• 1992-09-23Enforcement Action Closed