EPA v. STERNS COUNTY BOARD OF COMMISSIONERS

Case summary

THE TARGETED DEFENDANT IN THIS CASE IS THE STEARNS COUNTY BOARD OF COMMISSIONERS (BOARD), THE PUBLIC BODY WHICH ORDERED THE ACTIVITIES WHICH COMPRISE THE ALLEGED VIOLATION IN THIS MATTER. THE ALLEGED VIOLATION IN THIS CASE INVOLVES DITCH WIDENING ACTIVITIES ON WETLANDS. THIS ACTIVITY RE- SULTS IN THE DISCHARGE OF FILL MATERIAL INTO WETLAND AREAS. IT HAS CAUSED EXTENSIVE DRAINAGE OF WETLAND AREAS NOT PRE- VIOUSLY AFFECTED BY THE PRE-EXISTING DITCH. - DICHARGES INTO WETLANDS ARE PROHIBITED BY AND ARE IN VIOLA- TION OF SECTION 301 OF THE ACT, 33 U.S. SECTION 1311, IF DONE WITHOUT THE REQUIRED PERMIT ISSUED PURSUANT TO SECTION 404 OF THE ACT. AS EXPLAINED MORE FULLY IN THE ENCLOSED IN- FORMATION PAPER PROVIDED BY THE ST.PAUL DISTRICT CORPS OF ENGINEERS OFFICE, THE BOARD APPLIED FOR, BUT WAS DENIED, A SECTION 404 PERMIT FOR THE ACTIVITIES DESCRIBED HEREIN. ALSO, THE BOARD HAS NOT CEASED ITS DISCHARGES INTO WETLAND AREAS, DESPITE THE ISSUANCE OF A COE CEASE AND DESIST ORDER. IT IS ESTIMATED THAT THE BOARD'S DITCHING ACTIVITIES HAVE CAUSED THE DRAINAGE OF OVER 300 ACRES OF WETLANDS.

Defendants (2)

• SATTERLAND EXCAVATIONNamed in complaintNamed in settlement
• STERNS CTY BD OF COMMISSIONERSNamed in complaintNamed in settlement

Facilities (1)

• STEARNS CO COMMISSIONER BD

  WEST SW OF NORTH FORK CROW RIVER SKUNK CHNL, NEW MUNICH, MN, 56356

  Registry ID: 110010706307

Statutes cited

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

Enforcement conclusions (1)

• STERNS COUNTY BOARD OF COentered 1992-12-28

  Primary law: CWA

Timeline (8 milestones)

• 1989-04-02Enforcement Action Data Entered
• 1989-09-25Referred To Dept Of Justice
• 1989-09-25Referred TO U.S. Attorney
• 1992-11-06Complaint Filed With Court
• 1992-12-28Final Order Lodged
• 1992-12-28Final Order Entered
• 1992-12-28Concluded
• 1993-02-01Enforcement Action Closed