EPA v. RUSSOM TRUCKING

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. RUSSOM TRUCKING FACILITY: MR. JOSEPH GARCIA - WETLANDS APPROXIMATELY 4 MILES NORTHEAST OF TIERRA AMARILLA, RIO ARRIBA COUNTY, NEW MEXICO 87575 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 404 AND 301 OF THE CWA BY: 1) RESPONDENT, AND/OR PERSONS ACTING ON HIS BEHALF, OPERATED MACHINERY TO CONDUCT SAND, GRAVEL, AND COBBLE MINING ACTIVITIES BELOW THE ORDINARY HIGH WATER (OHW) MARK, WHICH RESULTED IN THE DISCHARGE OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT AUTHOR- IZATION OF A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT REQUIRED THE RESPONDENT TO: A) RESTORE THE AREA TO AS NEAR PRE-PROJECT CONDITIONS AND DIMENSIONS AS POSSIBLE, UTILIZING MATERIALS PRESENTLY STOCKPILED ON THE SITE AND FROM OFFSITE, AS NECESSARY; B) PERFORM POLE PLANTINGS OF NATIVE TREE SPECIES ON BOTH BANKS ABOVE AND BELOW THE OWH MARK; C) REFRAIN FROM ENGAGING IN SAND, GRAVEL, AND COBBLE MINING ACTIVITIES IN ALL AREAS BELOW THE OWH MARK; D) RESTORATION DESCRIBED SHOULD BE COM- PLETED BY JUN. 1, 2000; AND E) REPORT QUARTERLY TO EPA ON THE PROGRESS OF THE REQUIRED RESTORATION.

Defendants (1)

• RUSSOM TRUCKINGNamed in settlement

Facilities (1)

• MR. JOSEPH GARCIA - WETLANDS

  ADJACENT TO 7000' OF CHAVEZ CREEK, 4 M NE OF, TIERRA AMARILLA, NM, 87575

  Registry ID: 110010696826

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RUSSOM TRUCKINGentered 1999-12-01

  Primary law: CWA

Timeline (4 milestones)

• 1999-12-01Complaint Filed/Proposed Order
• 1999-12-01Final Order Issued
• 2000-03-23Enforcement Action Data Entered
• 2000-03-23Enforcement Action Closed