EPA v. BOGARAD FAMILY PARTNERSHIP

Case summary

On August 5, 2024, EPA Region 3 issued an AOC to the Bogarad Family Partnership to correct violations of Section 404 of the Clean Water Act at its Weirton, West Virginia property (the Site ). As early as spring of 2022 workers on behalf of Bogarad, operated equipment at the Site which discharged dredged and/or fill material to waters of the United States, an unnamed tributary ( UNT ) that flows to Kings Creek, without authorization from the Corps. Respondent's unauthorized discharge of fill material at the Site associated with construction and earth-moving activities impacted approximately 150 linear feet of streams along the UNT. The AOC requires Bogarad to address the violations by removing the unauthorized fill and restoring the stream, followed by monitoring to ensure the restoration work is successful. None of the supplemental EJ Indexes are at-or-above the 90th percentile in the nation or in the state for the area. EPA has consulted with WVDEP during the development of this action.

Defendants (1)

• BOGARAD FAMILY PARTNERSHIPNamed in settlement

Facilities (1)

• BOGARAD FAMILY PARTNERSHIP

  0.26 MILES SOUTH OF CABLE RD, WIERTON, WV, 26062

  Registry ID: 110071819586

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BOGARAD FAMILY PARTNERSHIPentered 2024-08-05

  Primary law: CWA

Timeline (2 milestones)

• 2024-08-05Final Order Issued
• 2024-08-20Enforcement Action Data Entered