EPA v. ROADWAY SURFACING, INC.

Case summary

ANTHONY FORSTER BOUGHT A PARCEL OF WETLAND PROPERTY LOCATED BETWEEN PROPERTY HE ALREADY OWNED AND A LAKE IN SEPTEMBER 1990, AND HE IS ALLEGED TO HAVE HAD, SOMETIME IN 1991, HIS RECENTLY PURCHASED PROPERTY FILLED. ROADWAY SURFACING, INC. LYLE ENG, PRESIDENT, IS ALLEGED TO HAVE CONDUCTED THE FILL WORK. IN THE LATE 1990S, BUT US EPA INSPECTORS AND USDA INSPECTORS DID BORE-HOLE SAMPLING ON THE PROPERTY PURCHASED BY FORSTER IN 1990, AND, BASED UPON THEIR EVALUATIONS, THEY FOUND THE INSPECTED PROPERTY TO BE A MARSH THAT HAD BEEN FILLED. PROPERTY ADJACENT TO THE PROPERTY INSPECTED, BOTH TO THE NORTH AND TO THE SOUTH, WAS SWAMPY AND MARSHY, AND LOWER IN ELEVATION THAT THE PROPERTY INSPECTED. Complaint amended 4/4/2002. The case was consolidated with Anthony I. Forster - Docket number - CWA-05-2002-0005 on 9/18/2002 by ALJ William Moran.

Defendants (1)

• ROADWAY SURFACING, INC.Named in complaintNamed in settlement

Facilities (1)

• ROADWAY SURFACING, INC.

  HWY 46, BALSAM LAKE, WI, 54810

  Registry ID: 110012287131

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ROADWAY SURFACING, INC.entered 2002-12-24

  Primary law: CWA

  Federal penalty: $8,000

Timeline (3 milestones)

• 2002-03-21Complaint Filed/Proposed Order
• 2002-12-24Final Order Issued
• 2003-01-24Enforcement Action Closed