EPA v. GERBAZ BROTHERS ET AL.

Case summary

THIS REFERRAL RELATES TO CERTAIN UNPERMITTED CHANNEL- IZATION ACTIVITIES ENTAILING SUBSTANTIAL DISCHARGES OF DREDG ED OR FILL MATERIAL TO THE ROARING FORK RIVER NEAR CARBONDALE, COLORADO. THE DISCHARGES WERE ACCOMPLISHED BY USING A BULLDOZER TO DREDGE RIVER BOTTOM ALLUVIUM AND DEPOSI T IT IN THE RIVER BED BELOW THE NORMAL HIGH WATER MARK TO CHANNELIZE THE RIVER. THE UNPERMITTED DISCHARGES TOOK PLACE IN DECEMBER 1985 AFTER A PERMIT APPLICATION TO THE CORPS FOR THE WORK HAD BEEN DENIED. THIS ACTION SEEKS A PERMANANT INJUNCTION BARRING ANY FURTHER SUCH DISCHARGES EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED PURSUANT TO THE CLEAN WATER ACT SECTION 404, 33 USC SECTION 1344. THIS ACTION ALSO SEEKS CIVIL PENALTIES FROM THE DEFENDANTS IN THE AGGREGATE AMOUNT OF $25,000 TO $30,000. 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 TO THE DISCHARGES. THESE VIOLATIONS ARE ALSO THE SUBJECT OF A CLEAN WATER ACT SECTION 309(A), 33 USC 1319, ADMINISTRATIVE COMPLIANCE ORDER SEEKING RESTROATION OF THE AFFECTED AREAS. AS OF THE DATE OF THIS REFERRAL, DEFANDANTS HAVE REQUESTED A SITE VISIT BY EPA AND THE CORPS BEFORE THEY MAKE ANY COMMITMENTS. THESE VIOLATIONS WERE ORIGINALLY THE SUBJECT 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 (4)

• GERBAZ, DENNIS THEODORENamed in complaintNamed in settlement
• GERBAZ, NILE ALFREDNamed in complaintNamed in settlement
• NIESLANIK, ROBERT RAYMONDNamed in complaintNamed in settlement
• RANCH AT ROARING FORK, INC., THENamed in complaintNamed in settlement

Facilities (1)

• GERBAZ RANCH

  100 ROAD, CARBONDALE, CO, 81623

  Registry ID: 110010750339

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DENNIS GERBAZ (ROBT NIESLANIK)entered 1990-08-29

  Primary law: CWA

  Federal penalty: $30,000

Timeline (8 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
• 1990-08-29Final Order Lodged
• 1990-08-29Final Order Entered
• 1990-08-29Concluded
• 1991-12-30Enforcement Action Closed