EPA v. EMULSIFIED ASPHALT OF WYOMING

Case summary

THIS REFERRAL IS LODGED TO OBTAIN COMPLIANCE AND TO ADDRESS THE ENVIRONMENTAL HARM CAUSED BY EMULSIFIED. THIS FACILITY INITIALLY VIOLATED THE CWA IN MARCH, APRIL AND MAY OF 1991 WHEN IT DIRECTED FISHER SAND & GRAVEL, ITS CONTRACTOR, TO DISCHARGE DREDGED AND FILL MATERIAL INTO DEER CREEK. THE WORK HAD NOT BEEN AUTHORIZED BY A PERMIT. IN MARCH, 1996, EPA FILED AN AO AGAINST EMULSIFIED, ORDERING REMOVAL OF THE ILLEGAL DREDGED AND FILL MATERIAL AND RESTORATION OF THE SITE. EMULSIFIED FAILED TO COMPLY WITH THE AO AND ALL FURTHER EFFORTS BY THE REGION TO BRING EMULSIFIED INTO COMPLIANCE HAVE FAILED. THE PROPOSED PENALTY IS $500,000.

Defendants (4)

• EMULSIFIED ASPHALT OF WYOMINGNamed in complaintNamed in settlement
• FISHER SAND & GRAVEL CONamed in complaintNamed in settlement
• JOHN ORRNamed in complaintNamed in settlement
• KENNETH FREEMOLENamed in complaintNamed in settlement

Facilities (1)

• EMULSIFIED ASPHALT, INC.

  2183 DEER CREEK ROAD, GLENROCK, WY, 82637

  Registry ID: 110010673976

Statutes cited

• CWA 309A1 — Clean Water Act
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• EMULSIFIED ASPHALT OF WYOMINGentered 2000-06-27

  Primary law: CWA

  Federal penalty: $127,000

Timeline (6 milestones)

• 1998-06-05Referred To Dept Of Justice
• 1998-08-03Enforcement Action Data Entered
• 2000-03-08Final Order Lodged
• 2000-03-08Complaint Filed With Court
• 2000-06-27Final Order Entered
• 2000-06-27Concluded