EPA v. PROW, DON D/B/A ROCHESTER TOPSOIL, INC. AND BRYCE PROW

Case summary

THE VIOLATIONS DESCRIBED IN THE CIVIL LITIGATION REPORT INCLUDE: (1) DEFENDANTS DISCHARGED POLLUTANTS FROM A POINT SOURCE INTO A NAVIGABLE WATER WITHOUT A PERMIT AS REQUIRED BY SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C.  1344, IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1311; (2) DEFENDANTS FAILED TO COMPLY WITH AN AUGUST 19, 1999, ADMINISTRATIVE ORDER, DOCKET NO. V-404-AO-99-08,ISSUED UNDER AUTHORITY OF SECTION 309(A) OF THE CLEAN WATER ACT, 33 U.S.C.  1319(A), THAT REQUIRED DEFENDANTS TO CEASE FURTHER DISCHARGES AND TO RESTORE THE WETLANDS TO THEIR ORIGINAL CONDITION PURSUANT TO A U.S. EPA APPROVED WETLAND RESTORATION PLAN; (3) DEFENDANTS ADDITIONALLY FAILED TO PERFORM THE MITIGATION REQUIRED UNDER A U.S. ARMY CORPS OF ENGINEERS (CORPS) PERMIT, PERMIT 93-07006-IP-BCN (FEBRUARY 14, 1996 - DECEMBER 31, 1998) IN VIOLATION OF SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C.  1344. The order is seeking restoration of Willow Creek and adjacent wetlands.

Defendants (2)

• BRYCE PROWNamed in complaintNamed in settlement
• DON PROW D/B/A ROCHESTER TOPSOIL, INC.Named in complaintNamed in settlement

Facilities (1)

• ROCHESTER TOPSOIL INC.

  516 17TH AVE NW, ROCHESTER, MN, 55901

  Registry ID: 110010772253

Statutes cited

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

Enforcement conclusions (2)

• PROW, DON D/B/A ROCHESTER TOPSOIL, INC. AND BRYCE PROWentered 2011-01-13

  Primary law: CWA

  Federal penalty: $60,000

• PROW, DON D/B/A ROCHESTER TOPSOIL, INC. AND BRYCE PROWentered 2006-04-21

  Primary law: CWA

  Federal penalty: $250,000

Timeline (8 milestones)

• 2001-09-28Referred To Dept Of Justice
• 2001-10-19Enforcement Action Data Entered
• 2005-07-20Complaint Filed With Court
• 2011-01-12Final Order Lodged
• 2011-01-13Demand for Stipulated Penalties
• 2011-01-13Final Order Entered
• 2011-01-13Order on Motion to Enforce Consent Decree
• 2012-03-19Enforcement Action Closed