EPA v. SOHLER, GAIL F.

Case summary

NATURE OF THE CASE: THE DEF IN THIS MATTER IS GAIL F. SOHLER, AN INDIVI- DUAL RESIDING IN YANKTON, SD. THE DEF'S CUNSEL IS JOHN R. KABEISEMAN, ALSO OF YANKTON. THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE BRUOGHT PURSUANT TO SEC 309(B) & (D) OF THE CWA, 33 USC SEC 1319(B) & (D). CAUSE OF ACTION: MR. SOHLER OWNS A FARM W/A CATTLE FEEDLOT OPERATION NEAR AVON, SD. THIS OPERATION CONTAINS 3 CONTINGUOUS FEED LOTS WHICH CONSTITUTE A CONCENTRATED ANIMAL FEEDING OP- ERATION AS DEFINED UNDER 40 CFR SEC 122.54 &, HENCE, A POINT SOURCE. EPA BECAME INVOLVED IN THIS CASE IN RESPON- SE TO A STAE REQUEST BASED ON A CITIZAN COMPLAINT. EPA HAS DOCUMENTATION OF DISCHARGES FROM THIS POINT SOURCE WHICH OCCURRED W/O THE REQUIRED NPDES PERMIT. ON 9/21/82, EPA ISSUED AN ADMINISTRATIVE ORDER UNDER SEC 309(A) OF THE ACT DIRECTING COMPLAINCE W/40 CFR PART 412. THE DEF DID NOT COMPLY W/THIS ORDER. ON 7/29/82, A GENERAL NPDES PERMIT REGULATING CONCENTRATED ANIMAL FEEDING OPERATIONS IN SD TOOK EFFECT. EPA HAS EVIDENCE THAT MR. SOHLER'S OPERATIONS HAD DISCHARGED IN VIOL OF THIS GENERAL PERMIT. PROPOSED REMEDY: EPA REGN 8 & MR. SOHLER HAVE REACHED AGREEMENT ON LANGUAGE FOR A STIPULATION OF STTLMNT & CD TO RESOLVE THIS CASE. THE BASIC TERMS OF THIS AGREEMENT HAVE BEEN APPROVED BY MR. JACK WINDER OF OLEC. THE AGREEMENT PRO- 1. BY 10/15/82, CONSTRUCTION OF A CONTAINMENT DAM TO COMPLY W/EPA REGULATIONS & THE GENERAL NPDES PERMIT. 2. MONITORING & REPORTING REQUIREMENTS. 3. STIPULATED PLTY'S FOR VIOL'S OF THE AGREEMENT. 4. PAYMENT OF $1,000 IN CIVIL PLTY'S.

Defendants (1)

• SOHLER, GAIL F.Named in complaintNamed in settlement

Facilities (1)

• SOHLER, GAIL F.

  1 MI. SW OF AVON, AVON, SD, 57315

  Registry ID: 110010750035

Statutes cited

• CWA CWA — Clean Water Act

Enforcement conclusions (1)

• SOHLER, GAIL Fentered 1983-05-27

  Primary law: CWA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1982-09-30Referred To Headquarters
• 1982-11-17Referred To Dept Of Justice
• 1983-04-01Referred TO U.S. Attorney
• 1983-04-22Complaint Filed With Court
• 1983-05-27Final Order Lodged
• 1983-05-27Final Order Entered
• 1983-05-27Concluded
• 1985-05-27Enforcement Action Closed