EPA v. URBAN DRAINAGE & FLOOD CONTROL DISTRICT/HEMP & HOFFMAN, INC.

Case summary

URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND KEMP & HOFFMAN RELOCATED THE CHANNEL OF COAL CREEK BEHIND THE CITY OF LAFAYETTE MUNICIPAL SHOPS IN LAFAYETTE, CO BETWEEN APPROXIMATELY 3/15/93 AND 4/8/93. IN ADDITION, KEMP AND HOFFMAN, ACTING PURSUANT TO ITS CONTRACTURAL OBLIGATIONS WITH THE DISTRICT, DISCHARGED DREDGE AND FILL MATERIAL INTO COAL CREEK TO CONSTRUCT A 210 LINEAR FOOT LOW FLOW CHANNEL, TWO DROP STRUCTURES AND AN EARTHEN BERM, TO BLOCK THE MAIN CHANNEL OF COAL CREEK AND TO REDIRECT THE FLOW OF THE CREEK INTO THE NEW CHANNEL.

Defendants (3)

• CITY OF LAFAYETTE ADMINISTRATORNamed in complaint
• HEMP & HOFFMAN, INC.Named in complaint
• URBAN DRAINAGE & FLOOD CONTROL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• URBAN DRAINAGE AND FLOOD CONTROL

  N E QUARTER OF SECTION 11, LAFAYETTE, CO, 80026

  Registry ID: 110010645285

Statutes cited

• CWA 309G — Clean Water Act
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• URBAN DRAINAGE AND FLOOD CONTROLentered 1997-11-17

  Primary law: CWA

  Federal penalty: $125,000

Timeline (3 milestones)

• 1994-05-05Enforcement Action Data Entered
• 1994-05-05Complaint Filed/Proposed Order
• 1997-11-17Final Order Issued