EPA v. RUSSELL KIRK, BREAKING GATE LLC AND OTTUMWA NORTHSHORE LLC
Final Order With Penalty
Case summary
RUSSELL KIRK AND HIS BUSINESSES, BREAKING GATE LLC AND OTTUMWA NORTHSHORE LLC BUILT A RV PARK ON THE DES MOINES RIVER, WHICH INVOLVED THE UNPERMITTED FILLOF WETLAND AND TRIBUTARY, AND UNAUTHORIZED BANK STABILIZATION OF THE DES MOINES RIVER. DEFENDANTS FILLED APPROXIMATELY SEVEN ACRES OF FORESTED WETLANDS AND IMPACTED APPROXIMATELY 2000 LINEAR FEET OF THE DES MOINES RIVER AND 55 LINEAR FEET OF A TRIBUTARY TO THE RIVER.
Defendants (3)
- OTTUMWA NORTHSHORE LLCNamed in complaintNamed in settlement
- BREAKING GATE LLCNamed in complaintNamed in settlement
- RUSSELL KIRKNamed in complaintNamed in settlement
Facilities (1)
RUSSELL KIRK, BREAKING GATE LLC AND OTTUMWA NORTHSHORE LLC
750 W. MARY ST, OTTUMWA, IA, 52501
Registry ID: 110070560436
Statutes cited
- CWA 301 — NPDES Discharge without a Permit
- CWA 404 — Permits for Dredge and Fill Material
Enforcement conclusions (1)
RUSSELL KIRK, BREAKING GATE LLC AND OTTUMWA NORTHSHORE LLCentered 2021-02-10
Primary law: CWA
Federal penalty: $15,000
Timeline (6 milestones)
- 2017-12-19Referred To Dept Of Justice
- 2018-01-03Enforcement Action Data Entered
- 2018-10-05Complaint Filed With Court
- 2020-12-28Final Order Lodged
- 2021-02-10Final Order Entered
- 2022-09-30Enforcement Action Closed
Case metadata
- EPA activity ID
- 3601308795
- Case number
- 07-2018-0147
- Lead agency
- EPA
- EPA region
- 07
- Voluntary self-disclosure
- No
- Primary statute
- NPDES Discharge without a Permit
Sourced verbatim from EPA ECHO Enforcement Case Report for case 07-2018-0147 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.