EPA v. BAY-HOUSTON TOWING COMPANY, INC. (MINDEN SITE).

Case summary

MICHIGAN PEAT OPERATES A PEAT MINING BUSINESS ON APPROX. 1000 ACRES OF A TOTAL 2800 ACRES IT OWNS (SPLIT INTO TWO PARCELS, MINDEN NORTH AND MINDEN SOUTH). MICHIGAN PEAT HAS BEEN ENGAGING IN THIS PEAT MINING FOR DECADES, BUT NEVER APPLIED FOR A PERMIT FOR THEIR DISCHARGES, PURSUANT TO SEC. 301 AND SECTIONS 402 AND 404 OF THE CLEAN WATER ACT, UNTIL THE EARLY 1990'S WHEN THE STATE OF MICHIGAN DISCOVERED ITS ACTIVITIES. IN THE PROCESS OF PEAT MINING , MICHIGAN PEAT DRAINS THE PEAT BOG THROUGH A NETWORK OF DITCHES WHICH DISCHARGE TO THE BLACK RIVER DRAIN. ALSO AS PART OF THIS OPERATION, A VARIETY OF SOILS, PEATS, AND WOODY VEGETATION IS DISCHARGED TO THE WETLANDS ON THE PROPERTY AND REMAINS IN THE WETLANDS FOR VARYING AMOUNTS OF TIME. FURTHER, IT IS NECESSARY TO BUILD ROADS THROUGH THE BOG (CONSTRUCTED OF SAND, CLAY, AND BRUSH) TO HARVEST AND HAUL AWAY THE PEAT. FINALLY, AS PART OF THE DITCH DREDGING (AND DEEPENING) ACTIVITIES, MICHIGAN PEAT SIDECAST SOILS AND PEATS TO THE WETLANDS. CENT STATE LAND. THE STATE OF MICHIGAN WAS AUTHORIZED FOR THE SECTION 404 PROGRAM DURING 1984, AND HAS BEEN AUTHORIZED FOR THE NPDES PROGRAM SINCE 1973. HOWEVER, SINCE THE STATE DISCOVERED THE OPERATION AND THE EXTENSIVE VIOLATIONS-- PARTICULARLY SECTION 404 VIOLATIONS--THE STATE NEGOTIATED WITH MICHIGAN PEAT AND ALLOWED MICHIGAN PEAT TO GO THROUGH A LENGTHY PERMITTING PROCESS. THIS CULMINATED IN THE STATE'S ISSUING, IN LIGHT OF ONGOING EPA OBJECTIONS AND A TAKINGS ACTION FILED BY MICHIGAN PEAT, A STATE ONLY SECTION 404 PERMIT DURING JUNE 1997. EPA THEN COMMENCED DEVELOPMENT OF THIS ENFORCEMENT ACTION. EPA ISSUE A CWA 309, CEASE AND DESIST ORDER, DURING FEBRUARY 1998. EPA FILED THIS COM- PLAINT ON 6/29/98. DURING JULY, 1998, BAY-HOUSTON OB- A NPDES PERMIT. DURING DECEMBER 1998, BAY-HOUSTON SUB- MITTED A SECTION 404 APPLICATION TO THE CORPS. ON 3/21/00, THE COURT PARTIALLY GRANTED THE U.S. MOTION FOR SUMMARY JUDGMENT ON LIABILITY ISSUES UNDER 402 AND 404. A TRIAL WAS HELD DURING MARCH 2001. THE CORPS ISSUED AN INITIAL PROFFERED 404 PERMIT DURING-ON 1/10/02. IT SHOULD BE NOTED THAT DURING 1999, 2000, AND 2001, THE COMPANY HAS CONTINUED TO MINE PEAT OVER THE U.S.' OBJECTIONS.

Defendants (1)

• BAY HOUSTON TOWING CO.,(MINDEN SITE)Named in settlement

Facilities (1)

• MICHIGAN PEAT

  7385 POLK RD, MINDEN, MI, 48456

  Registry ID: 110010740582

Statutes cited

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

Enforcement conclusions (1)

• BAY-HOUSTON TOWING COMPANY, INC. (MINDEN SITE).entered 2006-08-11

  Primary law: CWA

Timeline (5 milestones)

• 1997-09-25Referred To Dept Of Justice
• 1997-10-14Enforcement Action Data Entered
• 1998-06-29Complaint Filed With Court
• 2006-06-23Final Order Lodged
• 2006-08-11Final Order Entered