EPA v. GERBAZ, LARRY

Case summary

THIS REFERRAL RELATES TO A SERIES OF FOUR UNPERMITTED CHANNELIZATION ACTIVITIES ENTAILING SUBSTANTIAL DISCHARGES OF DREDGED OR FILL MATERIAL TO THE ROARING FORK RIVER NEAR CARBONDALE COLORADO. EACH DISCHARGE WAS ACCOMPLISHED BY USING A BULLDOZER TO DREDGE RIVER BOTTOM ALLUVIUM AND DEPOSIT IT IN THE RIVER BED BELOW THE NORMAL HIGH WATER MARK TO CHANNELIZE THE RIVER. THE UNPERMITTED DISCHARGES TOOK PLACE IN THE SPRING OF 1984, DECEMBER 1984, SEPTEMBER 1985 AND DECEMBER 1985. THIS ACTION SEEKS A PERMANENT INJUNCTION BARRING ANY FURTHER SUCH DISCHARGES EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED PURSUANT TO CLEAN WATER ACT SECTION 404, 33 USC SECTION 1344. THIS ACTION ALSO SEEKS CIVIL PENALTIES FROM THE DEFENDANT IN THE AMOUNT OF $50,000 TO $75,000. THE ONLY SIGNIFICANT LEGAL AND FACTUAL ISSUE IS THE APPLICABILITY OF NATIONWIDE PERMIT NO. 13 ON STREAMBANK STABILIZATION, 33 CFR 330.5(A)(13). AS DISCUSSED IN THE LITIGATION REPORT, THE REGION BELIEVES THAT THIS NATIONWIDE PERMIT DID NOT APPLY. THESE VIOLATIONS ARE ALSO THE SUBJECT OF A CLEAN WATER ACT SECTION 309(A), 33 USC 1319, ADMINISTRATIVE COMPLIANCE ORDER (EPA DOCKET NO. 88-19) SEEKING RESTORATION OF THE AFFECTED AREAS. AS OF THE DATE OF THIS REFERRAL THE DEFENDANT HAS NOT EXPRESSED HIS INTENTION TO COMPLY WITH THE ORDER. DEFENDANTS IN THE COMPANION REFERRAL HAVE REQUESTED A SITE VISIT BY EPA AND THE CORPS BEFORE THEY MAKE ANY COMMITMENTS. THE VIOLATIONS WERE ORIGINALLY THE SUJECT OF A CRIMINAL REFERRAL SINCE THE REGION BELIEVED THE VIOLATIONS TO BE SERIOUS ENOUGH TO WARRANT SUCH AN ACTION. HOWEVER, AFTER THERE WAS NO ACTION TAKEN ON THE REFERRAL FOR OVER 14 MONTHS THE REGION EXPRESSED CONCERN THAT SOME RESTORATION WORK SHOULD BE DONE. IN RESPONSE THE U.S. ATTORNEY'S OFFICE IN DENVER ON FEBRUARY 5, 1988 DECLINED TO PROSECUTE THE CRIMINAL CASE. THIS CIVIL REFERRAL FOLLOWED.

Defendants (1)

• GERBAZ, LARRYNamed in settlement

Facilities (1)

• GERBAZ LARRY PROPERTY

  WILLOW LANE, CARBONDALE, CO, 81623

  Registry ID: 110010690573

Statutes cited

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

Enforcement conclusions (1)

• GERBAZ, LARRYentered 1998-06-23

  Primary law: CWA

  Federal penalty: $11,250

Timeline (7 milestones)

• 1988-06-15Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1989-03-15Referred TO U.S. Attorney
• 1989-03-31Complaint Filed With Court
• 1996-06-14Final Order Lodged
• 1998-06-23Final Order Entered
• 1998-06-23Concluded