EPA v. Rauch Excavating

Case summary

In the CAFO, Region 5 alleged that Rauch failed to comply with the CWA by depositing construction debris from a bulldozer onto approximately 2.23 acres of wetlands on the site, without a permit. Specifically, the U.S. Army Corps of Engineers (USACOE) documented that beginning about August 2009, Rauch directly, or through its agents, discharged solid waste, municipal waste, rock, sand, cellar dirt and or fill material from a 953 loader/bulldozer into the wetlands. The wetlands are adjacent to the waters of Whitakers Run, which is a tributary of Todd Fork. Whitakers Run and Todd Fork flow into the Little Miami River of Ohio. The location of this activity was in Salem Township, Warren County, Ohio.

Defendants (1)

• Brian RauchNamed in complaintNamed in settlement

Facilities (1)

• RAUCH EXCAVATING INC.

  3724 MIDDLESBORO ROAD, MORROW, OH, 45152

  Registry ID: 110070378096

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Rauch Excavatingentered 2018-10-03

  Primary law: CWA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2018-08-17Complaint Filed/Proposed Order
• 2018-09-19Enforcement Action Data Entered
• 2018-10-03Final Order Issued