EPA v. Paul Heinrich/Charles Vogel Enterprises

Case summary

0.2 acre wetland restoration MR. PAUL A. HEINRICH ( HEINRICH ), AN ILLINOIS ATTORNEY, OWNS A 9.5-ACRE PARCEL OF LAND ADJACENT TO LITTLE STAR LAKE IN VILAS COUNTY, WISCONSIN. THE HEINRICH PROPERTY INCLUDES NORTHERN WHITE CEDAR SWAMP WHICH IS ADJACENT TO THE LITTLE STAR LAKE. IN 1997, HEINRICH CONTACTED CHARLES VOGEL ENTER- PRISES, INC. TO CONSTRUCT A ROAD FROM AN UPLAND AREA OF THE PROPERTY THROUGH THE SWAMP AND TO THE LAKE. CHARLES VOGEL ENTERPRISES, INC., A WISCONSIN CORPORATION, IS A GENERAL CONTRACTOR SPECIALIZING IN RESIDENTIAL AND COMMERCIAL CONSTRUCTION. HEINRICH WANTED TO PROVIDE A SEAPLAN TAXIWAY FROM AN AIRPLANE HANGAR THROUGH THE CEDAR SWAMP TO THE LAKE. IN AUGUST AND SEPTEMBER 1997 AND JUNE 1998, VOGEL, AT HEINRICH'S DIRECTION, CONSTRUCTED THE ROAD. HEINRICH'S AND VOGEL'S CONSTRUCTION OF THE ROAD VIOLATES THE SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C.  1301. VOGEL, AT HEINRICH'S DIRECTION, DISCHARGED FILL MATERIAL INTO APPROXIMATELY 6,600 SQUARE FEET OF WETLANDS THAT ARE ADJACENT TO AN INTERSTATE WATERBODY WITHOUT A PERMIT REQUIRED UNDER SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C.  1344. THE SITE OF THIS DISCHARGE IS LOCATED IN THE NORTH- WEST 1/4, SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST, STAR LAKE, VILAS COUNTY, WISCONSIN. ON NOVEMBER 20, 2000, U.S. EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER REQUIRING HEINRICH AND VOGEL TO CEASE ANY DISCHARGES WITHOUT A PERMIT AND TO REMOVE THE ROAD AND RESTORE THE WETLAND. HEINRICH AND VOGEL HAVE NOT COMPLIED AND WITH THE ORDER OR EXPRESSED AN INTENTION TO COMPLY. HEINRICH'S AND VOGEL'S FAILURE TO COMPLY WITH THE ADMINISTRA TIVE ORDER VIOLATES SECTION 309 OF THE CLEAN WATER ACT, 33 U.S.C.  1319.

Defendants (2)

• Paul HeinrichNamed in complaintNamed in settlement
• Charles VogelNamed in complaintNamed in settlement

Facilities (1)

• HEINRICH, PAUL A. AND VOGEL, CHARLES ENTERPRISES

  8125 HWY K, STARLAKE, WI, 54561

  Registry ID: 110016661129

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (2)

• Paul Heinrich/Charles Vogel Enterprisesentered 2003-10-09

  Primary law: CWA

  Federal penalty: $75,000

• Paul Heinrich/Charles Vogel Enterprisesentered 2003-10-23

  Primary law: CWA

  Federal penalty: $75,000

Timeline (7 milestones)

• 2001-07-26Referred To Dept Of Justice
• 2003-02-14Complaint Filed With Court
• 2003-10-09Final Order Lodged
• 2003-10-23Final Order Entered
• 2003-12-16Enforcement Action Data Entered
• 2005-07-20Demand for Stipulated Penalties
• 2005-10-05Enforcement Action Closed