EPA v. Acquest Transit, LLC

Case summary

Seeking injunctive relief and civil penalties against Defendants for violations of CWA Section 301, for the discharge of pollutants, in the form of both fill material and storm water runoff, into waters of the United States in the Town of Amherst, Erie County, New York, without permits issued pursuant to CWA Sections 402 or 404, and failure to comply with an administrative order, in violation of CWA Section 309(d). Amended complaint entered on April 5, 2011. EPA seeks to enjoin the discharge of pollutants into waters of the United States without a permit in violation of CWA Section 301(a), require Defendants to comply with the requirements of the CWA and its implementing regulations and with the terms of any permit issued under CWA Section 402 for storm water discharges; require Defendants, at their own expense and at the direction of EPA, to restore the waters of the United States; and require Defendants to pay civil penalties. On November 3, 2021, a consent decree settling the government?s 2009 complaint against the three Defendants for allegedly discharging fill into numerous acres of wetlands on a property in Amherst, New York without a required CWA 404 permit, and discharging stormwater associated with construction activity from the property into nearby Ransom Creek (a permanent tributary of Tonawanda Creek) without a required CWA 402 permit was entered. Under the consent decree, the Defendants will pay $500,000 to the New York State Department of Environmental Conservation?s Natural Resource Damages Fund, to be used for wetlands restoration and mitigation in the Tonawanda Creek watershed.

Defendants (3)

• Acquest Transit, LLCNamed in complaintNamed in settlement
• Acquest Development, LLCNamed in complaintNamed in settlement
• William L. HuntressNamed in complaintNamed in settlement

Facilities (1)

• ACQUEST TRANSIT PROPERTY

  10880 TRANSIT ROAD, EAST AMHERST, NY, 14051

  Registry ID: 110035848526

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Acquest Transit, LLCentered 2021-11-03

  Primary law: CWA

Timeline (7 milestones)

• 2008-09-09Referred To Dept Of Justice
• 2008-09-18Enforcement Action Data Entered
• 2009-01-15Complaint Filed With Court
• 2011-04-05Amended Complaint
• 2021-09-03Final Order Lodged
• 2021-11-03Final Order Entered
• 2021-11-29Enforcement Action Closed