EPA v. NDOR AND HERBST CONSTRUCTION

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 BRIDGE. 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 FEED 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 PROBABLY NEED TO ODIFY 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 THE 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 CONSENT AGREEMENT AND FINAL ORDER REQUIRES A PENALTY OF $60,000.

Defendants (1)

• NDOR AND HERBST CONSTRUCTION, INCNamed in complaintNamed in settlement

Facilities (1)

• NEBRASKA DEPT. OF ROADS

  HWY. 80 BRIDGE, ASHLAND, NE, 68003

  Registry ID: 110028169559

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NDOR AND HERBST CONSTRUCTIONentered 2007-08-22

  Primary law: CWA

  Federal penalty: $60,000

Timeline (5 milestones)

• 2007-08-22Complaint Filed/Proposed Order
• 2007-08-22Final Order Issued
• 2007-09-05Enforcement Action Data Entered
• 2009-11-10Enforcement Action Closed
• 2009-11-10Pipeline Closed