EPA v. ROGER J. GAUTREAU

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(B). 2. ROGER J. GAUTREAU 40236 RHONDA AVENUE PRAIRIEVILLE, LOUISIANA 70769 PROPERTY VIOLATIONS OCCURRED ON: 45426 TEE PEE LANE ST. AMANT, LOUISIANA 70774 (ASCENSION PARISH) 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA BY DEPOSIT- ING DREDGED AND FILL MATERIALS INTO WETLANDS WITHOUT AC- QUIRING A PERMIT TO DO SO FROM THE CORE OF ENGINEERS (COE) AS REQUIRED BY SECTION 404 OF THE CWA. THE RESPOND- ENT DEPOSITED EXCAVATED AND HAULED MATERIAL INTO APPROX- IATELY 2.5 ACRES OF WETLAND ON HIS PROPERTY. AFTER RECEIVING COMPLAINTS FROM THE RESPONDENT'S NEIGHBOR THE COE INVESTIGATED AND ISSUED A VERBAL CEASE AND DESIST ORDER TO THE RESPONDENT. THE COE FOLLOWED THIS WITH A WRITTEN CEASE AND DESIST ORDER GIVING THE RESPONDENT THE OPTION OF RESTORING THE PROPERTY TO ITS PRE-VIOLATION CONDITION OR APPLYING FOR AN AFTER-THE-FACT PERMIT. THE RESPONDENT DID NEITHER. INSTEAD ON DEC. 9, 1993, HE SOLD THE PROPERTY TO THIRD-PARTY PURCHASERS, WHO CONTEND THAT THEY WERE UNAWARE OF THE WETLAND STATUS OF THE TRACT OR OF ANY PENDING FEDERAL ENFORCEMENT ACTION AT THE TIME OF THE PURCHASE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA, BY THE WAY OF CIVIL REFERRAL, SEEKS RELIEF IN THE FORM OF PARTIAL RESTORATION OF THE PROPERTY AND CIVIL PENALTIES AS APPROPRIATE. INJUNCTIVE RELIEF WOULD ENSURE THAT THERE IS NO INCREASE IN FLOOD POTENTIAL IN THE BASIN, AND THE MINIMIZATION OF IMPACTS TO OTHER WETLAND FUNCTIONS, PRI- MARILY HABITAT AND WATER QUALITY ENHANCEMENT. THE CIVIL PENALTY HAS BEEN CALCULATED TO BE $20,000.00. 5. SIGNIFICANCE OF REFERRAL: DUE TO ACCESS ISSUES ASSOCIATED WITH THE TRANSFER OF PROPERTY OWNERSHIP, EPA HAS BEEN UN- ABLE TO RESOLVE THIS MATTER ADMINISTRATIVELY. IN SUCH A SITUATION, THE AGENCY FACES THE CHOICE OF EITHER TAKING NO FURTHER ACTION OR REFERRING THE MATTER TO DOJ. BE- CAUSE OF THE IMPORTANT ISSUES INVOLVED IN THIS CASE, THE WILIFUL NATURE OF THE VIOLATIONS AT ISSUE, AND THE AMOUNT OF NATIONAL ATTENTION THE CASE HAS RECEIVED AS A RESULT OF CONGRESSMAN TAUZIN'S EFFORTS, EPA IS UNWILLING TO FOREGO FURTHER ACTION. 6. THE CASE WAS REFERRED TO EPA HEADQUARTERS FOR REVIEW ON MAR. 17, 1995.

Defendants (1)

• ROGER J. GAUTREAUNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• ROGER GAUTREAUentered 1996-01-08

  Primary law: CWA

  Federal penalty: $2,500

Timeline (7 milestones)

• 1994-09-01Enforcement Action Data Entered
• 1995-04-01Referred To Dept Of Justice
• 1995-10-27Complaint Filed With Court
• 1996-01-08Final Order Lodged
• 1996-01-08Final Order Entered
• 1996-01-08Concluded
• 1996-12-13Enforcement Action Closed