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05-1997-0348JudicialSettlement PresentFY 1997· Region 05

EPA v. A & A FARMS

Penalty assessed

$230,200

Case summary

DEFENDANTS EXTENDED DITCH FROM EXISTING TRENCH WEST THROUGH WETLANDS TO THE WISCONSIN RIVER IN THE PROCESS DEPOSITING DREDGED SPOIL IN APPROXIMATELY 1.2 ACRES OF WETLANDS OVER 4 AND ONE HALF DAYS IN JANUARY 1994. U.S. EPA ISSUED A SECTION 309(A) COMPLIANCE ORDER ON DECEMBER 4, 1996 REQUIRING THE DEFENDANTS TO PLUG THE DITCH AND RESTORE THE AREA TO ITS ORIGINAL CONDITION. DEFENDANTS HAVE FAILED TO RESTORE THE WETLANDS AND HAVE FAILED TO COMPLY WITH THE COMPLIANCE ORDER

Defendants (4)

  • A & A FARMSNamed in complaint
  • ALSHABKHOURN, SHAKEAB, DR.Named in complaintNamed in settlement
  • GARBELMAN, PAUL M.Named in complaintNamed in settlement
  • ROGERSON, DAVID. W.Named in complaintNamed in settlement

Facilities (1)

  • A & A FARMS

    SEC. 4, 5, 6 TOWNSHIP N, R 6 EAST, MAZOMANIE, MAZOMANIE, WI, 53560

    Registry ID: 110010740476

Statutes cited

  • CWA 404Permits for Dredge and Fill Material
  • CWA 309Violation of Existing AO
  • CWA 301NPDES Discharge without a Permit

Enforcement conclusions (3)

  • A & A FARMSentered 1999-07-02

    Primary law: CWA

    Federal penalty: $3,000

  • A & A FARMSentered 1999-07-02

    Primary law: CWA

    Federal penalty: $225,000

  • ROGERSON, DAVID W.entered 1999-07-02

    Primary law: CWA

    Federal penalty: $2,200

Timeline (5 milestones)

  • 1997-09-19Referred To Dept Of Justice
  • 1997-10-07Enforcement Action Data Entered
  • 1998-08-13Complaint Filed With Court
  • 1999-05-07Final Order Lodged
  • 1999-07-02Final Order Entered

Case metadata

EPA activity ID
30288
Case number
05-1997-0348
Lead agency
EPA
HQ division
WAT
Branch
MMBII
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Permits for Dredge and Fill Material

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1997-0348 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.