EPA v. HARTZ CONSTRUCTION

Case summary

CIVIL JUDICIAL REFERRAL MAILED TO DEPARTMENT OF JUSTICE RECOMMENDING CIVIL ACTION AGAINST HARTZ CONSTRUCTION COMPANY INC. FOR VIOLATIONS OF SECTION 404 OF THE CLEAN WATER ACT. IMPACT: BY COVER LETTER DATED JANUARY 2, 1998, THE REGIONAL ADMINISTRATOR MAILED A REFERRAL TO THE DEPARTMENT OF JUSTICE, RECOMMENDING THE FILING OF A CIVIL ACTION FOR PENALTIES AGAINST THE DEFENDANT, HARTZ CONSTRUCTION COMPANY, INC. FOR ITS VIOLATIONS OF SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C.  1344. BACKGROUND: THE JANUARY 2, 1998 REFERRAL ALLEGES THAT HARTZ CONSTRUCTION COMPANY, INC.: 1)DISCHARGED POLLUTANTS FROM POINT SOURCES INTO NAVIGABLE WATERS WITHOUT A PERMIT AST REQUIRED BY SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C.  1344, IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1311 ON THREE SEPARATE OCCASIONS; 2) FAILED TO COMPLY WITH AN ADMINISTRATIVE COMPLIANCE ORDER ISSUED UNDER AUTHORITY OF SECTION 309(A) OF THE CLEAN WATER ACT, 33 U.S.C  1319(A) ON ONE OCCASION AND; 3) FAILED TO PROVIDE INFORMA- TION REQUESTED BY U.S. EPA IN REQUESTS FOR INFORMATION ISSUE D PURSUANT TO SECTION 308 OF THE CLEAN WATER ACT 33 U.S.C.  1318 ON TWO SEPARATE OCCASIONS. THE VIOLATIONS CONCERN WETLANDS AT TWO SITES, ONE IN ALSIP, ILLINOIS AND ONE IN COUNTRY CLUB HILLS, ILLINOIS.

Defendants (1)

• HARTZ CONSTRUCTIONNamed in complaintNamed in settlement

Facilities (1)

• HARTZ CONSTRUCTION, INC.

  8995 W. 95TH ST., PALOS HILLS, IL, 00000

  Registry ID: 110010588293

Statutes cited

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

Enforcement conclusions (1)

• HARTZ CONSTRUCTION CO., INC.entered 2001-09-06

  Primary law: CWA

  Federal penalty: $80,000

Timeline (5 milestones)

• 1998-01-02Referred To Dept Of Justice
• 1998-08-08Complaint Filed With Court
• 1998-08-27Enforcement Action Data Entered
• 2001-06-15Final Order Lodged
• 2001-09-06Final Order Entered