EPA v. BRICKS, INC.

Case summary

BRICKS, INC. OWNS PROPERTY KNOWN AS THE GATEWAY COMMERCIAL SITE IN AURORA, KANE COUNTY, ILLINOIS (SECTION 1, TOWNSHIP 38 NORTH, RANGE 7 EAST). THE SITE IS LOCATED NORTH OF I-88 AND WEST OF ORCHARD ROAD. IT EXTENDS TO THE WEST PAST DEER PATH ROAD. A SMALL PORTION OF THE SITE IS ALSO LOCATED SOUTH OF 1-88 BETWEEN ORCHARD AND DEERPATH ROADS. THE PRO- POSED DEVELOPMENT RELATED SPECIFICALLY TO THIS PROJECT IS LOCATED NORTH OF 1-88, BETWEEN ORCHARD AND DEERPATH ROADS (THE SITE). BRICKS PLANS ON CONSTRUCTING A SITE ACCESS ROAD, TWO HOTEL S, TWO COMMERCIAL FACILITIES, AND ASSOCIATED DETENTION BASINS ON THE SITE. A DRAINAGE WAY THAT IS PART OF THE LAKE BRANCH OF THE BLACKBERRY CREEK WATERSHED TRAVERSES THE SITE, RUNNING FROM NORTH TO SOUTH. THE WETLANDS ON SITE ARE ADJA- CENT TO THIS DRAINAGE WAY AND SOME OF THEM HAVE FARMED. HYDROLOGY IS MAINTAINED VIA SURFACE RUNOFF. THE WETLANDS ARE A PART OF A LARGER WETLAND COMPLEX LOCATED SOUTH OF I-88 THESE WETLANDS ARE NOT HIGH QUALITY IN TERMS OF FLORISTIC DIVERSITY, BUT REMAIN IMPORTANT BECAUSE OF THEIR FUNCTIONAL VALUE FOR FLOOD STORAGE. THIS WATERSHED HAS ENDURED SEVERE FLOODING IN THE PAST THAT HAS THREATENED HUMAN HEALTH AND SAFETY, AND CAUSED BILLIONS OF DOLLARS IN DAMAGES. ON JULY 21, 1999, ENCAP, INC., ENVIRONMENTAL CONSULTANTS AND PLANNERS, SUBMITTED A PRECONSTRUCTION NOTIFICATION (PCN) ON BEHALF OF BRICKS, INC. TO THE U.S. ARMY CORPS OF ENGINEER S, CHICAGO DISTRICT (CORPS) TO FILL 0.30 ACRES OF WETLAND FOR THE COMMERCIAL DEVELOPMENT DESCRIBED ABOVE. THE PCN ASKED FOR CONFIRMAITON THAT THE PROJECT WOULD BE COVERED UNDER NATIONWIDE PERMIT 14. NATIONWIDE PERMIT 14 AUTHORIZES UP TO ONE-THIRD OF AN ACRE OF FILL FOR ROADS CROSSING WATERS OF THE UNITED STATES, INCLUDING WETLANDS. THE CORPS RECEIVED THIS PCN ON JULY 26, 1999. NATURE OF VIOLATION AS MENTIONED ABOVE, THE CORPS RECEIVED A PCN FOR THE PRO- POSED PROJECT ON JULY 26, 1999. THE CORPS HAD 30 DAYS TO REVIEW THE PROJECT TO DETERMINE IF THE PROJECT WOULD BE AUTOMATICALLY AUTHORIZED UNDER NATIONWIDE 14, OR IF A PERMIT WOULD BE REQUIRED. WITHIN THE 30 DAYS, THE CORPS NOTICED THAT PROJECT IMPACTS APPEARED TO EXCEED ONE-THIRD ACRE, AND NOTIFIED BRICKS THAT A PERMIT MAY BE NECESSARY. BRICKS WAS SPECIFICALLY WARNED NOT TO WORK IN THE WETLANDS. THIS INFORMATION WAS CONVEYED TO BRICKS VIA FACSIMILE ON AUGUST 23, 1999. THE CORPS PERFORMED A SITE INSPECTION ON AUGUST 24, 1999, AND DISCOVER ED THAT FILL HAD ALREADY BEEN PLACED INTO THE WETLAND. A CEASE AND DESIST ORDER WAS SENT TO BRICKS VIA CERTIFIED MAIL ON AUGUST 26, 1999. BRICKS HAS NOT COMPLIED WITH THE CEASE AND DESIST ORDER. THEY HAVE CONTINUED TO ADD FILL AND PERFORM GRADING ACTIVI- TIES IN THE WETLAN. THESE ACTIONS WERE DOCUMENTED DURING SITE INSPECTIONS CONDUCTED BY THE CORPS ON SEPTEMBER 10, 1999, AND BY THE CORPS AND USEPA ON OCTOBER 19, 1999. THE WETLANDS BOUNDARY HAD TO BE RESURVEYED AFTER THE VIOLATION OCCURRED. THE WETLAND BOUNDARY WAS IDENTIFIED AND FIELD STAKED. ACCORDING TO THIS NEW DELINEATION, THERE WAS 4.605 ACRES OF WETLAND ON SITE, INSTEAD OF 3.27. INSTEAD OF FILLING 0.30 ACRE OF WETLAND, BRICKS FILLED 1.05 ACRES. THE ORDER DESCRIBED IN THIS CASE CONCLUSION DATA SHEET IS AN ADMINISTRATIVE COMPLIANCE ORDER REQUIRING BRICKS TO TAKE ACTIONS TO RESTORE AND MITIGATE DAMAGE DONE TO THE WETLANDS BY THE ILLEGAL FILL ACTIVITY. SUBSEQUENTLY, THE REGION INTENDS TO ISSUE A SECOND ORDER REQUIRING BRICKS TO PAY A CASH PENALTY.

Defendants (1)

• BRICKS, INC.Named in settlement

Facilities (1)

• BRICKS, INC

  723 S. LASALLE ST, AURORA, IL, 60506

  Registry ID: 110010580692

Statutes cited

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

Enforcement conclusions (1)

• BRICKS, INC.entered 1999-11-30

  Primary law: CWA

Timeline (2 milestones)

• 1999-11-30Final Order Issued
• 2000-01-05Enforcement Action Data Entered