EPA v. FERCOM AQUACULTURE CORPORATION, ET AL

Case summary

FLOYD E. REILY IS THE PRESIDENT AND SOLE LISTED DIRECTOR OF FERCOM AQUA- CULTURE. IN DECEMBER OF 1987, THE COMPANY CONTACTED THE ARMY CORPS OF ENGINEERS, KANSAS CITY DISTRICT, CONCERNING THE PROPOSED BUILDING OF LAKES FOR CATFISH OPERATIONS. IN APRIL, 1988, THE CORPS MADE A PRELIMINARY DETERMINATION THAT A PRACTICABLE ALTERNATIVE EXISTED TO THE PROPOSED FILL, AND ON AUGUST 31, 1988, MR. RILEY WITHDREW HIS PERMIT APPLICATION RATHER THAN SUBMIT A MODIFIED PROPOSAL. IN APRIL OF 1989, THE CORPS INSPECTED THE PROPERTY AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WETLANDS ADJACENT TO AND IN THE OLD CHANNEL OF THE EAST FORK LITTLE CHARITON RIVER FOR THE APPARENT PURPOSE OF CONSTRUCTING COMMERCIAL CATFISH PONDS. ON AUGUST 2, 1989, MR. RILEY WAS ORDERED TO CEASE AND DESIST UNAUTHORIZED WORK WITHIN CORPS JURISDICTION. ON SEPTEMBER 11, 1989, FERCOM FILED A COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI AGAINST THE UNITED STATES OF AMERICA, THE CORPS, AND THE ENVIRONMENTAL PROTECTION AGENCY, SEEKING A DECLARATORY JUDGMENT AND AN INJUNCTION AGAINST THE GOVERNMENT'S ENFORCEMENT OF THE CLEAN WATER ACT. VISUAL OBSERVATIONS BY THE CORPS IN OCTOBER, 1989 ESTABLISHED THAT ADDITIONAL UNAUTHORIZED WORK WAS BEING PERFORMED ON THE PROPERTY. CORPS PERSONNEL OBSERVED THAT FILL WAS BEING PLACED IN WALNUT CREEK, A TRIBUTARY OF THE EAST FORK OF THE CHARITON RIVER, FOR THE APPARENT PURPOSE OF CONSTRUCTING ADDITIONAL CATFISH PONDS. ON NOVEMBER 3, 1989, THE CORPS ASKED AND WAS REFUSED PERMISSION TO INSPECT THE SITE OF THE NEW WORK. HOWEVER, AERIAL OBSERVATIONS MADE ON THAT SAME DAY ESTABLISHED THAT WORK CONTINUED TO BE PERFOMED WITHOUT THE NECESSARY AUTHORIZATION UNDER SECTION 404 OF THE CLEAN WATER ACT.

Defendants (2)

• FERCOM AQUACULTURE CORPORATIONNamed in complaintNamed in settlement
• RILEY, FLOYD E.Named in complaintNamed in settlement

Facilities (1)

• CHARITON RIVER LANDOWNERS

  RURAL AREA, HUNTSVILLE, MO, 65259

  Registry ID: 110010641859

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FLOYD E. RILEY & FERCOM AQUACUentered 1991-09-16

  Primary law: CWA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1989-09-11Enforcement Action Data Entered
• 1989-11-06Referred To Headquarters
• 1989-11-07Referred To Dept Of Justice
• 1990-11-02Complaint Filed With Court
• 1991-09-16Final Order Lodged
• 1991-09-16Final Order Entered
• 1991-09-16Concluded
• 1992-01-06Enforcement Action Closed