EPA v. MICHIGAN PEAT AND BAY-HOUSTON TOWING CO.

Case summary

FACILITY HARVESTS PEAT FROM A PEAT BOG. ORDER REQUIRES FACILITY TO DO PARTIAL RESTORATION IN NEAR TERM AND SHOP DISCHARGES TO WETLANDS AND TO BLACK RIVER DRAIN (A CHANNEL THAT GOES TO A TRIBUTARY OF LAKE HURON). FACILITY IS THEN GIVEN CHOICE OF EITHER APPLYING TO ARMY COE FOR AN AFTER THE FACT CWA SECTION 404 PERMIT, OR SUBMITTING A PLAN FOR COMPLETE SITE RESTORATION TO EPA. THE VOLUME OF POLLUTANTS BEING DISCHARGED -- AND WHICH THIS ORDER REQUIRES CEASE -- ARE HARD TO QUANTIFY AS GRAVITY AS A GRAVITY DRAIN SYSTEM OF DITCHES ARE DRAINING THE PEAT BOG. THERE ARE NO MONITORING CONTROLS ON THOSE DISCHARGES. HOW- EVER, WATER SAMPLES TAKEN BY EPA DURING AUGUST 1997 SHOWED DETECTABLE BUT LOW LEVERLS OF ARSENIC, LEAD, TOAL SUSPENDED SOLIDS, TOTAL PHOSPHORUS, MERCURY, SULFIDE, BARIUM, MAGNE- SIUM, CALCIUM, IRON, AND ALUMINUM. THE DISCHARGES TO WET- LANDS ARE ALSO HARD TO QUANTIFY, BUT RESTORATION WILL REQUIR E REMOVAL OR DISTRIBUTION OF LARGE VOLUMES OF PEAT, CLAY, SOILS, AND VEGETATION THAT HAVE BEEN PLACE IN THE WETLANDS.

Defendants (1)

• MICHIGAN PEAT AND BAY-HOUSTON TOWING CO.Named in settlement

Facilities (1)

• MICHIGAN PEAT

  7385 POLK RD, MINDEN, MI, 48456

  Registry ID: 110010740582

Statutes cited

• CWA 402 — Clean Water Act
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MICHIGAN PEAT AND BAY-HOUSTONentered 1998-02-02

  Primary law: CWA

Timeline (2 milestones)

• 1998-02-02Final Order Issued
• 1998-04-16Enforcement Action Data Entered