EPA v. NEBRASKA DEPARTMENT OF ROADS AND HERBST CONSTRUCTION, INC

Case summary

THE VIOLATION AROSE OUT OF CONSTRUCTION ACTIVITIES THAT RESPONDENTS CONDUCTED IN THE NORTH LOUP RIVER NEAR BURWELL, NEBRASKA IN MARCH 2006 AS THEY WERE BUILDING THE NORTH LOUP BRIDE. NEBRASKA DEPARTMENT OF ROADS (NDOR) HAD OBTAINED A 404 PERMIT TO CONSTRUCT A CAUSEWAY IN THE NORTH LOUP RIVER FOR A STAGING AREA. THE CONTRACTOR, HERBST, FOUND THAT THE SAND CAUSEWAY WAS ERODING AND INSERTED 40 FEET OF CONCRETE PADS WITH STEEL REBAR INTO THE RIVER NEAR THE CAUSEWAY TO DIVERT THE WATER AND LESSEN THE EROSION TO THE CAUSEWAY. HERBST DISCUSSED THIS ACTION BEFOREHAND WITH NDOR; NDOR STATED TO HERBST THAT THEY WOULD PROBABLE NEED TO MODIFY THE 404 PERMIT AND WOULD NEED TO CHECK WITH THE CORPS. NDOR CONFERRED WITH THE CORPS, LEARNED THAT THE PROPOSED ACTIVITY WOULD NOT BE PERMITTED, BUT DID NOT CONVEY THAT MESSAGE IMMEDIATELY TO HERBST. HERBST DID NOT WAIT TO HEAR FROM NDOR BEFORE PERFORMING THE WORK. THE CORPS CONSIDERED THIS ACTION FLAGRANT DISREGARD FOR ITS AUTHORITY. AFTER LEARNING THAT THE ACTIVITY WAS ILLEGAL, HERBST DID REMOVE THE CONCRETE. THIS COMPLIANCE ORDER REQUIRES RESPONDENTS TO REMOVE THE CONCRETE ELSEWHERE IN THE NORTH LOUP RIVER, FROM A HISTORICALLY COLLAPSED BRIDGE LOCATED NEAR THE SITE.

Defendants (2)

• HERBST CONSTRUCTION, INCNamed in complaintNamed in settlement
• NEBRASKA DEPARTMENT OF ROADSNamed in complaintNamed in settlement

Facilities (1)

• NEBRASKA DEPT. OF ROADS

  HWY. 80 BRIDGE, ASHLAND, NE, 68003

  Registry ID: 110028169559

Statutes cited

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

Enforcement conclusions (1)

• NEBRASKA DEPARTMENT OF ROADS AND HERBST CONSTRUCTION, INCentered 2007-06-28

  Primary law: CWA

Timeline (6 milestones)

• 2007-06-28Final Order Issued
• 2007-06-28Complaint Filed/Proposed Order
• 2007-07-09Enforcement Action Data Entered
• 2008-01-11Amended Administrative Order
• 2016-01-27Enforcement Action Closed
• 2016-01-27Pipeline Closed