EPA v. ROCHESTER TOPSOIL INC.

Case summary

MESSERS PROW AND ROCHESTER TOPSOIL INC. ARE ALLEDGED TO HAVE EXCAVATED FIVE (5) NEW AGRICULTURAL DRAINAGE DITCHES IN WET- LANDS ADJACENT TO EXISTING DITCH #4 WHICH FLOWS INTO WILLOW CREEK. THE LATTER IS A TRIBUTARY OF THE ZUMBRO RIVER AND THE MISSISSIPPI RIVER, ALL NAVIGABLE WATERS OF THE UNITED STATES IN VIOLATION OF AN EXISTING PERMIT. THESE WORKS HAVE DEGRADED APPROXIMATELY 40 ACRES OF FEDERALLY PROTECTED WET- LANDS. ON AUGUST 23, 1999, U.S. EPA ISSUED A FINDINGS OF VIOLATION AND ADMINISTRATIVE COMPLIANCE ORDER REQUIRING DEFENDANTS TO TAKE CORRECTIVE ACTION FOR THE FILLING OF WETLANDS.

Defendants (2)

• BRYCE PROWNamed in settlement
• DON ROWNamed in settlement

Facilities (1)

• ROCHESTER TOPSOIL INC.

  516 17TH AVE NW, ROCHESTER, MN, 55901

  Registry ID: 110010772253

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ROCHESTER TOPSOIL INC.entered 1999-08-23

  Primary law: CWA

Timeline (2 milestones)

• 1999-06-21Enforcement Action Data Entered
• 1999-08-23Final Order Issued