EPA v. BRICKS, INCORPORATED

Case summary

BRICKS, INC. APPLIED TO THE U.S. ARMY CORPS OF ENGINEERS FOR A SECTION 404 PERMIT TO FILL 0.33 ACRES OF WETLAND LOCATED ON THE NORTH SIDE OF I-88, WEST OF ORCHARD ROAD IN KANE COUNTY, IL. THE FILL IS ASSOCIATED WITH AN ACCESS ROAD FOR A PROPOSED COMMERCIAL DEVELOPMENT. BRICKS PROCEEDED TO FILL THE WETLAND BEFORE A PERMIT WAS ISSUED FROM THE CORPS. THE VIOLATION IS SMALL, BUT BLATANT AND KNOWING. A DUPLICATE PROJECT FILE WILL BE FORWARDED TO ORC ONCE AN ATTORNEY IS ASSIGNED. BRICKS, INC. FILED A PRECONSTRUCTION NOTIFICATION AND ASKED THE U.S. ARMY CORPS OF ENGINEERS (CORPS) TO CONFIRM BRICK'S BELIEF THAT THE WORK IT PROPOSED TO DO (FILLING A WETLANDS TO BUILD AN ACCESS ROAD AND PREPARE A SITE FOR COMMERCIAL DEVELOPMENT) WAS COVERED BY A NATIONWIDE PERMIT. THE CORPS SENT AN INSPECTOR TO THE SITE. BRICKS HAD PROCEEDED TO FILL THE WETLANDS WITHOUT WAITING FOR CORPS APPROVAL. THE CORPS ENGINEER DETERMINED THAT THE ACTIVITY WAS NOT COVERED BY A NATIONWIDE PERMIT, AND HE ORDERED BRICKS TO CEASE AND DESIST FILLING IN THE WETLANDS. SUBSEQUENT FOLLOW UP VISITS DOCU- MENTED BY PHOTOGRAPHIC EVIDENCE SHOW THAT BRICKS FLAGRANTLY DISREGARDED THE CEASE AND DESIST ORDER AND CONTINUED TO FILL ADDITIONAL WETLANDS. Note: On October 30; 2003 a final order reversed the ALJ's Finding of Liability and Vacates the Civil Penalty Assessed. Therefore; BD#: 054303001 becomes void. This case is now officially closed.

Defendants (1)

• BRICKS, INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• BRICKS, INC

  723 S. LASALLE ST, AURORA, IL, 60506

  Registry ID: 110010580692

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BRICKS, INCORPORATEDentered 2003-10-30

  Primary law: CWA

Timeline (8 milestones)

• 1999-11-19Enforcement Action Data Entered
• 2000-07-21Complaint Filed/Proposed Order
• 2001-01-24Administrative Hearing
• 2002-10-10Admin Law Judge Decision
• 2002-11-04Appeal To Administrator
• 2003-10-30Final Order Issued
• 2003-10-30Enforcement Action Closed
• 2003-10-30EAB Decision