EPA v. VAIL ASSOCIATES, INC.

Case summary

THIS REFERRAL IS PROPOSED AGAINST VAIL ASSOCIATES, INC. FOR DISCHARGING DREDGED AND FILL MATERIAL IN TO WATERS OF THE US WITHOUT A PERMIT. THE VIOLATIONS STEM FROM VAIL'S CONSTRUCTION OF A TEMPORARY ROAD BUILT TO REMOVE TREES CUT DURING THE SKI AREA'S EXPANSION. IN OCTOBER 1998, VAIL BEGAN CONSTRUCTION OF THE HAUL ROAD WITH THE APPROVAL OF THE US FOREST SERVICE. BELIEVING THAT ITS ALIGNMENT FOLLOWED A ROUTE THE US ARMY CORPS OF ENGINEERS PREVIOUSLY AGREED AVOIDED WETLANDS, VAIL PLACED FILL MATERIALS IN THIS AREA WITHOUT A 404 PERMIT. THE PLACEMENT OF THE FILL DID, HOWEVER, IMPACT UNIQUE, HIGH-ALPINE WETLANDS AT 6 LOCATIONS ALONG THE HAUL ROAD. THE AFFECTED AREAS, A SPRING AND WETLANDS, TOTALED 0.7 ACRES. EPA HAS ESTABLISHED A BOTTOM LINE SETTLEMENT FOR THIS CASE AS $79,600.

Defendants (1)

• VAIL ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• VAIL ASSOCIATES, INC.

  137 BENCHMARK RD, AVON, CO, 81620

  Registry ID: 110010687113

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• Vail Associates, Inc.entered 2004-06-03

  Primary law: CWA

  Federal penalty: $80,100

Timeline (5 milestones)

• 2001-09-25Referred To Dept Of Justice
• 2001-10-16Enforcement Action Data Entered
• 2003-10-17Complaint Filed With Court
• 2003-10-17Final Order Lodged
• 2004-06-03Final Order Entered