EPA v. COCHRAN, ET AL--CHARITON RIVER LANDOWNERS

Case summary

SYNOPSIS OF CASE: ACTION FOR DSCHRG OF POLLUTANTS, DRDGD & FILL MATERIAL, INTO WTRS OF U.S. W/O PRMTS REQ BY SEC 301 & 404 OF CWA, 33 USC 1311 AND 1344 OR BY SEC 402, 33 USC 1342. DSCHRG, SOME CONT, WERE INTO E FORK OF LITTLE CHARITON RIVER, RANDOLPH CNTY, MO & DONE IN COURSE OF CHANNELIZATION OF APPROX 25 MI OF RIVER. CHANNEL & ASSOC DSCHRG PERFORMED BY SINGLE CONTRACTOR PAID BY LNDOWNRS BORDERING STREAM & BEGAN IN FALL 0F 1979. UNPERMITTED DREDGE DSCHRG CONT FROM THEN ON & NEW FILLS NOTED AS OF 01/82. IN 1969, CORP OF ENG PREPARED DESIGN MEMO FOR EXTENSIVE CHANNEL OF E & MIDDLE FORKS OF RIVER. FOLWNG GENERALLY NEG ENVIRON AND ECONOMIC REVIEW OF PROJ, CORP ABANDONED IT. PROJ AT ISSUE HERE FLLWS CLOSELY IN LOCATION & DESIGN - INCL USE OF PILOT CHANNELS - THE PROPOSAL BY CORP OF E FORK. REASON FOR CHANNELS VARY AMONG LNDOWNRS. BENEFITS INCL REDUCED FLOODING DUE TO ABILITY OF STRAIGHTER & STEEPER CHAN NEL TO CARRY STRMWTR AWAY FASTER & EVENTUAL INCR IN AMT OF LAND AVAIL FOR FARMING BY ELIMINATION OF AREAS W/IN OXBOWS OF NAT STREAM IN WHICH OPERATION OF FARM EQUIP IS DIFFICULT. ONE LNDOWNR, FLOYD RILEY, IS PRES OF NEMO COAL CO, WHICH OWNS RGHTS TO COAL UNDER PORTIONS OF STREAM. RILEY'S INVOLVEMENT MAY BE MOTIVATED IN PRT BY DESIRE TO GAIN CHEAP ACCESS TO COAL BY AVOIDING OR MINIMIZING STREAM PROTECTION REQ CERTAIN TO BE IMPOSED BY MO. STRIP MINING BRD, WERE THE STREAM UNSPOILED. COST INCL MORE FLOODS DWNSTRM, INCR TURBIDITY, SEVERE REDUCTION OF ANIMAL HABITAT, LOSS OF MOST FISH RESOURCE, AND INCR SEDIMENTATION DWNSTRM. DSCHRGS FIRST BROUGHT TO ATTN OF MO. DEPT OF CONSERV IN 12/79. CORP INSPECTS DETERMINED 40 PEOPLE TO BE INVOLVED. SOME PLACED FILL INTO PRTS OF NAT CHANNEL, W/O SEC 404 PRMTS CORP ADVISED EPA THAT DOJ REF TO BE MADE. RECOMMEND JUD ACTION AGST LNDOWNRS IGNORING CORP INSTR TO REMOVE OR STOP REPLACING FILLS. IT WILL NOT ADDRESS OTH TYPES OF DSCHRGS. EPA BELIEVES ACTION BASED ON PLCMNT OF RIVER CHANNEL BLKS OR CROSSINGS ALONE WILL BE INEFFECTIVE FOR RELIEF IN THESE & SIMILAR CASES. CWA AUTHORIZES INJUNC RELIEF FOR UNPERMITTED DSCHRGS AS WELL AS CRIM & CIV PEN. EPA SUGG DOJ SEEK INJUNC TO COMPEL DSCHRGRS TO APPLY TO CORP FOR AFTER-FACT SEC 404 PRMTS. CORP REGS PROVIDE FOR PROCESSING APPS. SUCCESSFUL ENFORCE ACTION WILL, IN ADDITION TO FULFILL- ING CWA REQS, ADVANCE ST. OF MO INTEREST IN GAINING CNTRL OVER CHANNEL PROJ ENDANGERING ST. NAT RESOURCES.

Defendants (11)

• COCHRAN FARMS, INC.Named in complaintNamed in settlement
• COCHRAN, CHARLES W.Named in complaintNamed in settlement
• COCHRAN, RICHARDNamed in complaintNamed in settlement
• HARLAN, EDMONDNamed in complaintNamed in settlement
• JACOBY, J. V.Named in complaintNamed in settlement
• NEMO COAL COMPANYNamed in complaintNamed in settlement
• RILEY, FLOYD E.Named in complaintNamed in settlement
• SIMONS, MARYNamed in complaintNamed in settlement
• SUMMERS, ROBERT R.Named in complaintNamed in settlement
• THOMAS, J. G.Named in complaintNamed in settlement
• THOMAS, NORMANNamed in complaintNamed in settlement

Facilities (1)

• CHARITON RIVER LANDOWNERS

  RURAL AREA, HUNTSVILLE, MO, 65259

  Registry ID: 110010641859

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• COCHRAN, ET AL. (CHARITON RIV)entered 1986-06-18

  Primary law: CWA

  Federal penalty: $2,500

Timeline (7 milestones)

• 1982-05-09Referred To Headquarters
• 1982-09-25Referred To Dept Of Justice
• 1984-12-14Complaint Filed With Court
• 1986-06-18Concluded
• 1986-06-18Final Order Lodged
• 1986-06-18Final Order Entered
• 1991-09-12Enforcement Action Closed