EPA v. ESCANABA & LAKE SUPERIOR RR CO.

Case summary

THIS IS A CIVIL ACTION AGAINST THE ESCANABA AND LAKE SUP- ERIOR RAILROAD AND ITS OWNER, MR. JOHN LARKIN, FOR DUMP- ING APPROXIMATELY 400 TONS OF TACONITE PELLETS INTO THE MENOMINEE RIVER AT A POINT IN MARINETTE COUNTY, WISCONSIN, IN AUGUST 1981. AN ANONYMOUS INFORMER INDICATED TO THE MICHIGAN STATE POLICE THAT IN NEED OF RAIL CARS TO TRANS- PORT OTHER MATERIALS, MR. LARKIN ORDERED FOUR RAILROAD CARS FILLED WITH THE TACONITE PELLETS TO BE OVERTURNED AT NIGHT ON A RAILROAD BRIDGE OVER THE RIVER. HE ASSIGNED THIS TASK TO FIVE TRUSTED EMPLOYEES WHO WERE INSTRUCTED TO SWEEP CLEAN ALL THE RAIL TIES APPARENTLY TO REDUCE THE CHANCE OF DISCOVERY. A DIVERSE TEAM FROM THE MICHIGAN STATE POLICE CONFIRMED THE PRESENCE OF THE PELLETS IN THE RIVER BELOW THE BRIDGE-- THE PILE IS ABOUT 6-8 FEET DEEP AT ITS GREAT- EST DEPTH.

Defendants (1)

• ESCANABA & LAKE SUPERIOR RRNamed in complaintNamed in settlement

Facilities (1)

• ESCANABA LAKE SUPERIOR RR CO

  RR CRSSNG 2 1/2MI W OF HWY 141, MARINETTE, WI, 54143

  Registry ID: 110010592046

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ESCANABA & LK SUPERIOR RR CO,entered 1983-12-13

  Primary law: CWA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1983-03-31Referred To Headquarters
• 1983-07-20Referred To Dept Of Justice
• 1983-12-05Complaint Filed With Court
• 1983-12-13Final Order Lodged
• 1983-12-13Final Order Entered
• 1983-12-13Concluded
• 1984-01-18Enforcement Action Closed