EPA v. KRILICH, ROBERT ET. AL.

Case summary

ROBERT KRILICH, A RESIDENT OF DUPAGE COUNTY, IL, OWNS AND OPERATES TWO CORPORATIONS KNOWN AS KRILICH BUILDERS, INC., AND RIVERWOODS DEVELOPMENT CORP. KRILICH, THROUGH HIS CORPORATIONS, IS IN THE PROCESS OF DEVELOPING VACANT REAL ESTATE IN OAKBROOK TERRACE, DUPAGE COUNTY, IL, WITH A 9-HOLE GOLF COURSE, MULTI-FAMILY DWELLING UNITS AND OFFICE BUILD- INGS. THE SITE IS KNOWN AS THE ROYCE RENAISSANCE PROJECT OR RENAISSANCE PARK. - THE SITE CONTAINS WETLANDS WHICH ARE WATERS OF THE U.S. UNDER THE CWA. SUCH WETLANDS REQUIRE A PERMIT UNDER SECTION 404 OF THE CWA BEFORE DISCHARGE OF POLLUTANTS MAY OCCUR. MR. KRILICH HAS NOT OBTAINED A PERMIT BUT HE HAS DISCHARGED FILL INTO THE WETLANDS IN VIOLATION OF 301A OF THE CWA. 33 USC SECTION 1311A. THE U.S. ARMY CORPS OF ENGINEERS, WHICH HAS STATUTORY RESPONSIBILITY FOR ISSUING SECTION 404 PERMITS, ISSUED A CEASE AND DESIST ORDER TO KRILICH ON SEPT. 30, 1988, ORDERING HIM TO STOP FILLING WETLANDS. KRILICH CONTINUED TO FILL WETLANDS AND THE CORPS REFERRED THE CASE TO U.S.EPA FOR ENFORCEMENT. ON JANUARY 25, 1989, USEPA ISSUED A COMPLIANCE ORDER UNDER SECTION 309A OF THE CWA, 33 USC SECTION 1319A REQUIRING KRILICH TO CEASE DISCHARGES INTO THE WETLANDS AND TO SUBMIT A RESTORATION PLAN. - ON MARCH 13, 1989, USEPA RECEIVED THE FIRST RESTORATION PLAN BUT IT WAS UNSATISFACTORY. ON JUNE 12, 1989, KRILICH SUB- MITTED A SECOND PLAN, ALSO UNSATISFACTORY, ON JUNE 22, 1989, USEPA WROTE TO KRILICH DETAILING THE PLAN'S DEFICIENCIES AND GIVING KRILICH UNTIL JULY 12 TO SUBMIT A THIRD PLAN. THE PLAN HAS NOT YET BEEN RECEIVED AND KRILICH IS SEEKING AN ADDITIONAL TWO WEEKS FOR SUBMISSION. THE EXTENSION HAS NOT BEEN GRANTED BY USEPA. - KRILICH HAD COMPLIED WITH THE CEASE AND DESIST PROVISIONS OF THE USEPA ORDER UNTIL JUNE 30, 1989, WHEN HE BEGAN MOVING FILL MATERIAL AROUND ON WETLANDS ADJOINING A NAVIGABLE POND OR LAKE WHICH HAD PREVIOUSLY BEEN DISTURBED AND ALSO PUSHING FILL INTO AREAS OF WETLANDS ALSO ADJOINING NAVIGABLE PONDS OR LAKES WHICH HAD PREVIOUSLY NOT BEEN DISTURBED. ALTHOUGH USEPA CALLED KRILICH'S ATTENTION TO THESE ADDITIONAL VIOLA- TIONS, THE FILLING CONTINUED AS OF JULY 7 AND MAY STILL BE CONTINUING. THE FILL MATERIAL REMAINS IN THE WETLANDS IN VIOLATION OF THE CWA. FOR THESE REASONS, USEPA HAS DETER- MINED THAT IT IS NECESSARY TO SEEK JUDICIAL ASSISTANCE IN PRESERVING THE INTEGRITY OF THE WETLANDS IN OAKBROOK TERRACE

Defendants (3)

• KRILICH BUILDERS, INC.Named in complaintNamed in settlement
• KRILICH, ROBERTNamed in complaintNamed in settlement
• RIVERWOODS DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ROYCE RENAISSANCE PARK

  BUTTERFIELD RD NR 22ND ST, OAKBROOK TERRACE, IL, 60521

  Registry ID: 110010580781

Statutes cited

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

Enforcement conclusions (1)

• KRILICH, ROBERT ET. ALentered 1992-10-29

  Primary law: CWA

  Federal penalty: $185,000

Timeline (7 milestones)

• 1988-11-15Enforcement Action Data Entered
• 1989-07-01Referred To Dept Of Justice
• 1992-08-07Complaint Filed With Court
• 1992-10-29Final Order Lodged
• 1992-10-29Final Order Entered
• 1992-10-29Concluded
• 1994-02-15Enforcement Action Closed