EPA v. GRIMM, L.

Case summary

NATURE OF THE CASE: THIS IS A CIVIL ACTION AGAINST LARRY S. GRIMM & DAVID HEETER DOZER CONTRACTOR, PURSUENT TO SEC 301, 309 & 404 OF THE CWA, 33 USC SEC 1311, 1319 & 1344, TO REMEDY ILLEGAL DISCHARGES OF DREDGED & FILL MATERIAL INTO THE RIGHT FORK OF SPRING CREEK NEAR SPENCER, WV. LARRY S. GRIMM IS A CERTIFIED PUBLIC ACCOUNTANT & A REAL ESTATE DEVELOPER IN SPENCER, WV. MR. GRIMM IS THE APPARENT OWNER OF THE PROPERTY ADJACENT TO THE RIGHT FORK OF SPRING CREEK WHERE THE UNPERMITTED STREAM CHANNELIZATION PROJECT INVOLVED IN THIS CASE WAS PERFORMED. MR. HEETER IS AN EX- CAVATION & BULLDOZER CONTRACTOR. MR. HEETER ALSO CONSTU- CTS SEWER & WATER LINES. HE PERFORMED THE EARTH MOVING WORK INVOLVED IN THE STREAM RELOCATION PROJECT INVOLVED IN THIS CASE. NET INCOME FOR 1980 WAS IN EXCESS OF $250K. CAUSE OF ACTION: ON 10/24/80, THE US ARMY CORPS OF ENGINEERS(COE) DISCOVERED A STREAM RELOCATION PROJECT ON THE RIGHT FORK OF SPRING CREEK APPROX 4 MILES SOUTH OF SPENCER, WV. THE PROJECT INVOLVED THE DISCHARGE OF FILL MATERIAL TO THE STREAM IN TWO OR THREE LOCATIONS TO PLUG THE NATURAL CHA- NNEL & TO CREATE A ROAD CROSSING. THE COE'S FIELD INVEST- IGATION REVEALED THAT THE DAVID HEETER EXCAVATING CO WAS A RESPONSIBLE PARTY. MR. HEETER PERFORMED THE EARTH MOVING WORK AT THE REQUEST OF MR. GRIMM. THE DISCHARGE OF DREDGE &/OR FILL MATERIAL TO THE RIGHT FORK OF SPRING CREEK CONSTITUTED A VIOL OF SEC 301 OF THE CWA, 33USC SEC 1301, BECAUSE NO DISCHARGE PERMIT WAS ISSUED BY THE US ARMY CORPS OF ENGINEERS UNDER SEC 404 OF THE CWA, 33 USC SEC 1344. THE AGENCY ATTEMPTED TO RESOLVE THIS SITUATION 1ST BY MAILING A LTR ON 11/13/81, TO MR. GRIMM, PURSUENT TO SEC 308 OF THE ACT, 33 USC SEC 1318, REQUESTING THAT HE PROVIDE CERTAIN INFO CONCERNING THE RELOCATION PROJECT. WHEN HE FAILED TO RESPOND, THE AGENCY ISSUED A FINDING OF FACT & ADMINISTRATIVE ORDER ON 2/8/82, REQUIRING MR. GRIMM TO SUBMIT THE PROJECT-RELATED INFO. MR. GRIMM HAS NOT COMPLIED W/THIS ORDER IN THE REQUIRED TIME FRAME. PROPOSED REMEDY: THE AGENCY SHOULD FILE A CIVIL ACTION AGAINST MR. GRIMM & MR. HEETER SEEKING AN INJUNCTION REQUIRING RESTO- RATION OF THE NATURAL STREAM CHANNEL, THE FILLING OR PLUGGING OF THE ARTIFICIAL CHANNELS & REVEGATATION OF THE STREAM BANKS. CIVIL PLTY'S SHOULD BE REQUESTED IN THE COMPLAINT. IT IS ANTICIPATED THAT THE CASE CAN BE STTL'D BY CD AFTER FILING. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: THIS CASE WILL NOT RAISE ISSUES OF NATIONAL OR PRE- CEDENTIAL SIGNIFICANCE.

Defendants (2)

• DAVID HEETERNamed in complaintNamed in settlement
• LARRY S. GRIMMNamed in complaintNamed in settlement

Facilities (1)

• GRIMM L

  130 E MAIN ST, SPENCER, WV, 25276

  Registry ID: 110010713059

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GRIMM AND HEETERentered 1982-11-19

  Primary law: CWA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1982-03-24Referred To Headquarters
• 1982-05-25Referred To Dept Of Justice
• 1982-06-15Referred TO U.S. Attorney
• 1982-06-28Complaint Filed With Court
• 1982-11-19Final Order Lodged
• 1982-11-19Final Order Entered
• 1982-11-19Concluded
• 1983-01-03Enforcement Action Closed