EPA v. BONNER, FRANK O. AND CARDINAL FENCING, INC.

Case summary

FRANK BONNER AND CARDINAL FENCING FAILED TO PAY A PENALTY ASSESSED UNDER CACO ARISING FROM THEIR FAILURE TO PERFORM ALL OF THE REQUIREMENTS SET FORTH IN THE CACO. SPECIFICALLY THE CACO PROVIDED THAT BONNER OR CARDINAL HAD TO APPLY TO THE ARMY CORPS OF ENGINEERS FOR AN AFTER THE FACT PERMIT PURSUANT TO SECTION 404 OF THE CWA. THAT APPLICATION WAS NOT MADE. THEREFORE, PURSUANT TO THE CACO, EPA DEMANDED PAY MENT OF $48,000, REPRESENTING THE OUTSTANDING PENALTY PRO- POSED UNDER THE COMPLAINT. BONNER AND CARDINAL HAVE REFUSED TO PAY THIS PENALTY.

Defendants (2)

• CARDINAL FENCING, INC.Named in complaintNamed in settlement
• FRANK O. BONNERNamed in complaintNamed in settlement

Facilities (1)

• BONNER ETAL

  2427 LEY RD, AKRON, OH, 44319

  Registry ID: 110028114635

Statutes cited

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

Enforcement conclusions (1)

• BONNER, FRANK O. AND CARDINAL FENCING, INC.entered 2006-08-09

  Primary law: CWA

  Federal penalty: $50,000 · SEP: $250,000

Timeline (5 milestones)

• 2000-09-29Referred To Dept Of Justice
• 2000-10-10Enforcement Action Data Entered
• 2006-07-03Complaint Filed With Court
• 2006-07-03Final Order Lodged
• 2006-08-09Final Order Entered