EPA v. FABIAN, ROWLAND/NIPSCO

Case summary

THIS IS A REFERRAL FOR 2 CHARGES: 1) FILLING IN A WETLAND AND 2) NONCOMPLIANCE WITH A CWA 309 ADMINISTRATIVE ORDER. THERE ARE 2 DEFENDANTS; 1) MR. ROWLAND FABIAN; 2) NIPSCO. In august 2008, CD filed for Rowland Fabian site in Gary, IN that resulted in a $3.400.00 civil penalty and the creation of a Trustee Escrow Account that was funded w/ $10,000.00 and about 70 properties owned by Fabian. The Trustee is attempting to sell the properties to fund the wetland restoration of 7.5 acres. NIPSCO was not named a defendant, but settled the 1998 AO w/ a $15,000 donation to Shirely Heinze Environmental Trust for land purchase.

Defendants (2)

• FABIAN, ROWLAND/NIPSCONamed in complaintNamed in settlement
• NORTHERN INDIANA PUBLIC SERVICE COMPANYNamed in complaint

Facilities (1)

• FABIAN SITE

  U.S. INTERSTATE HIGHWAYS I-80/1-90 AND I-94, LAKE STATION, IN, 46405

  Registry ID: 110016661156

Statutes cited

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

Enforcement conclusions (1)

• FABIAN, ROWLAND/NIPSCOentered 2008-08-15

  Primary law: CWA

  Federal penalty: $3,400

Timeline (6 milestones)

• 1999-09-28Referred To Dept Of Justice
• 1999-10-13Enforcement Action Data Entered
• 2002-12-12Complaint Filed With Court
• 2008-06-20Final Order Lodged
• 2008-08-15Final Order Entered
• 2021-10-08Enforcement Action Closed