EPA v. HAROLD NORRIS

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. HAROLD NORRIS P.O. BOX 11 CLIFF, GRANT COUNTY, NEW MEXICO 88028 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING DREDGED/FILL MATERIALS INTO WATERS OF THE U.S., FORMED A 1,000 FOOT BERN BELOW THE ORDINARY HIGH WATER (OHW) MARK, PUSHED MATERIAL FROM A FORMER CHANNEL UP AGAINST THE RIGHT DESCENDING BANKC OF THE FORMER CHAN- NEL, DISTURBED, ALTERED OR DESTROYED APPROXIMATELY ONE ACRE OF RIFFLE/POOL HABITAT, AND ALTERED THE HDROLOGY OF THE RIVER BOTH UPSTREAM AND DOWNSTREAM WITHOUT APPLYING FOR OR HAVING A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO IMMEDIATELY CEASE ALL UNPERMITTED DREDGE AND FILL ACTIVITIES, INSTALL NATURAL OR MANMADE PROTECTION TO DE- TER EROSION ALONG THE RIGHT DESCENDING CHANNEL, PERFORM POLE PLANTING OF NATIVE TREE SPECIES ALONG THE RIGHT AND LEFT BANKS, THE AREA OF VIOLATION AND 300 FEET UP AND DOWN STREAM, INSTALL AND MAINTAIN LIVESTOCK EXCULSION DE- VICES, REFRAIN FROM ANY FUTURE MAINTENANCE DREDGING OF THE NEWLY FORMED CHANNEL, AND SUBMIT QUARTERLY REPORTS BY WRITTEN AND PHOTOGRAPHIC CONFIRMATION TO EPA.

Defendants (1)

• HAROLD NORRISNamed in complaintNamed in settlement

Facilities (1)

• HAROLD NORRIS

  PO BOX 11, CLIFF, NM, 88028

  Registry ID: 110010591706

Statutes cited

• CWA 301A — Clean Water Act
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HAROLD NORRISentered 1997-03-20

  Primary law: CWA

Timeline (5 milestones)

• 1997-03-20Enforcement Action Data Entered
• 1997-03-20Complaint Filed/Proposed Order
• 1997-03-20Final Order Issued
• 1998-02-28Compliance Achieved
• 1998-03-18Enforcement Action Closed