EPA v. CHICAGO SOUTH SHORE & SOUTH BEND R.R.

Case summary

THE CHICAGO AND SOUTH SHORE AND SOUTH BEND RAILROD ( CHICAGO SOUTH SHORE ) FILLED APPROXIMATELY 1.6 ACRES OF WETLANDS TO CREATE A LOADING DOCK WITHOUT OBTAINING A PERMIT. 0.6 ACRES WAS DESIGNATED AS UNSUITABLE FOR DISPOSAL SITE SPECIFICATION UNDER THE ADVANCE IDENTI- FICATION OF DISPOSAL SITES PROCESS. THE WETLAND AREA WHICH CONTAINED RARE SPECIES OF PLANTS AND WAS A VALUABLE WILDLIFE HABITAT, WAS LISTED AS A SIGNIFICANT SITE BY THE INDIANA DEPT. OF NATURAL RESOURCES. USEPA PROPOSES TO ISSUE A 309(A) ORDER REQUIRING CHICAGO SOUTH SHORE TO SUBMIT AN AFTER-THE-FACT PERMIT APPLICATION WITH A MITIGATION PLAN AND A 309(G) PROPOSED ORDER ASSIGN- AN ADMINSTRATIVE PENALTY. - REGION V IS REFERRING TO THE DEPARTMENT OF JUSTICE A RE- QUEST TO FILE A PROOF OF CLAIM IN RE: CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD. THE U.S. EPA WISHES TO PRESERVE ITS CLAIM AGAINST CHICAGO SOUTH SHORE AND SOUTH BEND RAIL- ROAD FOR CIVIL ADMINISTRATIVE PENALTIES AND INJUNTIVE RELIEF FOR ITS VIOLAITONS OF SECTION 404 OF THE CLEAN WATER ACT, 33 USC SECTION 1344.

Defendants (1)

• SOUTH BEND R.R.Named in complaintNamed in settlement

Facilities (1)

• CHICAGO S SHORE & S BEND RR CO

  I 90 & CLINE AVE, HAMMOND, IN, 46320

  Registry ID: 110010701446

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SOUTH BEND RAILROADentered 1990-02-14

  Primary law: CWA

  Federal penalty: $100,000

Timeline (7 milestones)

• 1988-02-08Enforcement Action Data Entered
• 1989-08-14Referred To Dept Of Justice
• 1990-01-26Complaint Filed With Court
• 1990-02-14Enforcement Action Closed
• 1990-02-14Final Order Lodged
• 1990-02-14Final Order Entered
• 1990-02-14Concluded