EPA v. BRACE, ROBERT ET. AL.

Case summary

On January 9, 2017, the U.S. filed a complaint against Robert Brace, Robert Brace Farms, Inc. and Robert Brace & Sons, Inc., for violations of Sections 301 and 404 of the CWA for the discharges of dredged and fill material into approximately 14 acres of wetlands on property owned by Robert Brace located in Erie, Pennsylvania and known as the ?Marsh? property. Defendants failed to first acquire a permit from the Army Corps of Engineers under Section 404 of the CWA. The Defendants had used mechanized land-clearing equipment to prepare the Marsh property for planting and in the process deposited dredged and fill material into wetlands. On June 27, 2013, EPA, PADEP, the PA Fish and Boat Commission, Robert Brace and members of the Brace family, along with representatives of various Congressional offices were inspecting the adjacent 30-acre Brace Site which was the subject of a 1996 Consent Decree when they became aware of the impacts to the wetlands on the Marsh property which had recently been purchased by Robert Brace. The wetlands on the Marsh property drain to Elk Creek, a tributary to Lake Erie. The Complaint seeks restoration of the 14-acre Marsh property as well as penalties for the CWA violations.

Defendants (3)

• BRACE, ROBERT & SONS, INC (SB)Named in complaint
• BRACE, ROBERTNamed in complaint
• BRACE, ROBERT FARMS, INC (SB)Named in complaint

Facilities (1)

• BRACE ROBERT FARMS INC

  1131 ROUTE 97, WATERFORD, PA, 16441

  Registry ID: 110010585161

Statutes cited

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

Timeline (3 milestones)

• 2014-07-30Referred To Dept Of Justice
• 2014-08-06Enforcement Action Data Entered
• 2017-01-09Complaint Filed With Court