EPA v. BROWNSTOWN CHARTER TOWNSHIP

Case summary

FINDING OF VIOLATION AND COMPLIANCE ORDER UNDER SECTION 404 CWA FOR FILLING IN A WETLAND WITHOUT A PERMIT. THIS CASE WAS ORIGINALLY ASSIGNED TO DAVE DABERTIN IN JUNE 1988. HE CLOSED THE CASE IN 1989 BECAUSE HE HAD RECEI- VED NO INFORMATION FROM WETLANDS ENFORCEMENT. ON AUGUST 1, 1991 (PERIOD THIS CASE WAS REOPENED IN DOCKET) WETLANDS EN- FORCEMENT ASKED FOR A NEW ATTORNEY TO BE ASSIGNED TO THE CASE SINCE THEY FINALLY WANT TO ENFORCE THE ORDER. WETLANDS HAS LOST THEIR FILE AND CAN ONLY LOCATE A DRAFT OF THE 309A ORDER THAT WENT OUT. I AM UNABLE TO LOCATE DAVE DABERTIN'S FILE. I CALLED DAVE AT IDEM AND HE SAID HE THOUGHT THE VIO- LATION AROSE FROM BUILDING A ROAD IN A WETLAND. WETLANDS EN FORCEMENT TOLD DAVE THAT THE COE WOULD TAKE CARE OF THE CASE WITH A CEASE AND DESERT ORDER. WETLANDS ASKED BROWNSTOWN TO RESUBMIT THEIR RESTORATION PLAN, SINCE THE PLAN IS INADEQUATE, A LETTER WENT OUT ON 8/ 27/91 DELINEATING THE PROBLEMS WITH A PLAN AND DISCUSSING HAVING DEA WINN GO LOOK AT THE CHANGED CONDITIONS AT THE SITE AFTER OCT. 1, 1991.

Defendants (1)

• BROWNSTOWN TOWNSHIP

Facilities (2)

• BROWNSTOWN TWP DPW

  21313 TELEGRAPH, BROWNSTOWN, MI, 48183

  Registry ID: 110041957308

• BROWNSTOWN TWP DPW

  21313 TELEGRAPH, BROWNSTOWN, MI, 48183

  Registry ID: 110041957308

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (4 milestones)

• 1988-06-20Enforcement Action Data Entered
• 1988-06-20Complaint Filed/Proposed Order
• 1995-05-20Enforcement Action Closed
• 1995-05-20Final Order Issued