EPA v. Dependable Towing and Recovery, Inc. (SB) et al.

Case summary

Request that the Department of Justice initiate civil litigation for injunctive relief and penalties pursuant to Section 309 of the CWA, 33 U.S.C. 1319, for unpermitted discharges in violation of Sections 301 and 404 of the Act, 33 U.S.C. 1311, 1344 and for violations pertaining to failure to comply with an Administrative Order issued by EPA pursuant to section 309(a) of the Act. The purpose of such civil action is to ensure Defendants' compliance with the CWA, enforce the Administrative Consent Order, and obtain an appropriate penalty for past noncompliance. Defendants conducted earth-moving activities without a permit, causing the discharge of earthen fill materials into over sixteen acres of federally protected wetlands. Since 1993 and up to the present time, Defendants have continuously and periodically discharged unauthorized fill material to expand the roads within their property and filled wetlands within and adjacent to their property to increase its auto and discarded metal storage capacity. The settlement provides for the Defendants to continue operating their business, using only 7.85 acres of the previously-filled wetlands on their property. The Defendants will have to remove fill on a 7.15-acre portion of their property that is not needed for their business. The consent decree also requires the Defendants to pay a $10,000 cash penalty and execute a restrictive covenant designed to ensure the preservation in perpetuity of approximately 58 acres of their land as undeveloped and unaltered. Because the preservation area is not commercially viable, the preservation does not create undue financial hardship on the Defendants, and at the same time advances the Clean Water Act's primary objective of restoring and maintaining the integrity of the waters of the U.S.

Defendants (2)

• Dependable Towing and Recovery, Inc. (SB)Named in complaintNamed in settlement
• David A. WhitehillNamed in complaintNamed in settlement

Facilities (1)

• WHITEHILL PROPERTY

  NYS RT 17 & NORTH WORK ST, FALCONER, NY, 14733

  Registry ID: 110019500770

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Dependable Towing and Recovery, Inc. (SB) et al.entered 2019-11-05

  Primary law: CWA

  Federal penalty: $10,000

Timeline (6 milestones)

• 2013-01-03Referred To Dept Of Justice
• 2013-01-17Enforcement Action Data Entered
• 2014-03-20Complaint Filed With Court
• 2019-05-28Final Order Lodged
• 2019-11-05Final Order Entered
• 2019-11-05Concluded