EPA v. ENDURANCE GROUP, INC, IN RE

Case summary

On September 22, 2009 EPA Region III forwarded a referral requesting the Department of Justice (DOJ) file a protective proof of claim in a Chapter 11 bankruptcy action filed by The Endurance Group, LLC in the U.S. Bankruptcy Court for the Northern District of West Virginia. The claim arises under Section 309 of the Clean Water Act (?Act?), 33 U.S.C. ? 1319 for violations of Section 404. The Region requested DOJ file a protective proof of claim against The Endurance Group in connection with their Site commonly known as Neal Run Crossing in Lubeck District, Wood County, West Virginia. In 2006, The Endurance Group or persons acting on their behalf rerouted a stream on the Site without first acquiring a permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. EPA seeks to preserve its right to require restoration of the Site in the bankruptcy proceedings.

Defendants (1)

• ENDURANCE GROUP, INCNamed in complaintNamed in settlement

Facilities (1)

• ENDURANCE GROUP, INC

  2301 CAMDEN AVE, PARKERSBURG, WV, 26101

  Registry ID: 110040428891

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ENDURANCE GROUP, INC, IN REentered 2012-02-09

  Primary law: CWA

  Federal penalty: $50,000

Timeline (6 milestones)

• 2009-09-23Enforcement Action Data Entered
• 2009-09-23Referred To Dept Of Justice
• 2009-09-29Complaint Filed With Court
• 2012-02-09Final Order Entered
• 2012-02-09Enforcement Action Closed
• 2012-02-09Final Order Lodged