EPA v. A & A FARMS

Case summary

DEFENDANTS EXTENDED DITCH FROM EXISTING TRENCH WEST THROUGH WETLANDS TO THE WISCONSIN RIVER IN THE PROCESS DEPOSITING DREDGED SPOIL IN APPROXIMATELY 1.2 ACRES OF WETLANDS OVER 4 AND ONE HALF DAYS IN JANUARY 1994. U.S. EPA ISSUED A SEC- TION 309(A) COMPLIANCE ORDER ON DECEMBER 4, 1996 REQUIRING THE DEFENDANTS TO PLUG THE DITCH AND RESTORE THE AREA TO ITS ORIGINAL CONDITION. AFTER A JUDICIAL COMPLAINT WAS FILED, DEFENDANTS ENTERED INTO A CONSENT DECREE TO PAY A PENALTY AND TO RESTORE THE AREA. DEFENDANTS PAID THE PENALTY, BUT DEFENDANTS HAVE FAILED TO RESTORE THE WETLANDS AND HAVE FAILED TO COMPLY WITH THE CONSENT DECREE.

Defendants (2)

• A & A FARMSNamed in complaintNamed in settlement
• DR. SHAKEAB ALSHABKHOUNNamed in complaintNamed in settlement

Facilities (1)

• A & A FARMS

  SEC. 4, 5, 6 TOWNSHIP N, R 6 EAST, MAZOMANIE, MAZOMANIE, WI, 53560

  Registry ID: 110010740476

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)

• A & A FARMSentered 2001-05-10

  Primary law: CWA

  Federal penalty: $507,000

Timeline (5 milestones)

• 2000-09-26Referred To Dept Of Justice
• 2000-10-12Enforcement Action Data Entered
• 2000-11-10Complaint Filed With Court
• 2001-05-10Final Order Entered
• 2001-05-10Final Order Lodged