EPA v. SIMON, MELVIN & ASSOCIATES DEVELOPMENT CORP.

Case summary

MELVIN SIMON & ASSOCIATES (MSA) WAS OBSERVED FILLING WETLANDS BY A LOCAL CONSERVATION GROUP. PHASE 1 HAS A VENTURE STORE AND SHOPS ON IT. PHASE II IS UNDEVELOPED BUT THE WETLANDS WERE DISTURBED. THIS RESTORATION ORDER WAS ISSUED ON 11/22/90. AT THE SAME TIME, WE SENT AN INFORMATION REQUEST TO MSA FOR PHASE I. THEY SUBMITTED THEIR INFORMATION ON JANUARY 4,1991. WE RECEIVED A FOIA REQUEST ON THE FILE ON JANUARY 14,1991. MSA ALSO SUBMITTED A RESTORATION PLAN FOR PHASE II. WE RESPONDED TO THE FOIA ON 2/15/91. WE WITHHELD ENFORCEMENT SENSITIVE DOCUMENTS. WE TOLD MSA WE DIDN'T LIKE THEIR RESTORATION PLAN AND INVITED THEM TO JOIN US ON A SITE DELINEATION AT THE END OF JUNE. WE & MSA WENT TO THE SITE IN LATE JUNE. WE PREPARED A DELINEATON REPORT AND REQUESTED A REUSED RESTORATION PLAN ON SEPT. 19, 1991. WE HAD A CONFERENCE WITH MSA ON 10/30/91. WE DISCUSSED THE DELINEA- TION OF PHASES I & II; WE LET THEM KNOWN THAT A RESTORATION ORDER ON PHASE I WAS FORTHCOMING. THEY SAID THEY WANTED TO DEVELOP PHASE II AND WANTED TO DO PARTIAL RESTORATION. WE HAD THEM SUBMIT THEIR NEW PLAN ON NOV. 18TH AND THE DEVELOPMENT PLAN ON NOV. 22. GREG HAS CONSULTED WITH COE AND US FISH AND WILDLIFE TO SEE HOW THEY WOULD RESPOND TO A PERMIT FOR THE SITE - THEY'RE LEANING AGAINST IT. GREG BROUGHT A LETTER FOR SIGNOFF OVER ON 2/14 - THIS LETTER WITHHOLDS APPROVAL UNTIL CERTAIN CHANGES ARE MADE.

Defendants (1)

• MELVIN SIMON & ASSOCIATES DEVELOPMENT

Facilities (1)

• SIMON DEVELOPMENT CORP PHASE II

  75TH AND HARLEM, BRIDGEVIEW, IL, 60455

  Registry ID: 110010701204

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (4 milestones)

• 1990-11-22Complaint Filed/Proposed Order
• 1992-03-13Enforcement Action Data Entered
• 1994-02-08Final Order Issued
• 1994-02-08Enforcement Action Closed