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08-2002-0158JudicialClosedFY 2002· Region 08

EPA v. Bernstein and Bouchard

Litigated With Penalty

Case summary

'This referral is requested against Fredric Bernstein and Dominic Bouchard for the unlawful discharge of dredged and fill material into Indian Creek, its adjacent wetlands. Two administrative orders for compliance have been issued to Defendants requiring them to remove the fill material and restore the area. The Defendants continue to violate EPA''s orders by failing to implement their approved restoration and stabilization plan by continuing to discharge fill material for road crossings throughout the property.'

Defendants (5)

  • Bernstein and BouchardNamed in complaintNamed in settlement
  • Y&B PropertiesNamed in complaintNamed in settlement
  • Indian Creek Investment, LLCNamed in complaintNamed in settlement
  • ICR, LLCNamed in complaintNamed in settlement
  • K&J PropertiesNamed in complaintNamed in settlement

Facilities (1)

  • Y&B PROPERTIES-FREDERICK BERNSTEIN

    S31, T06N, R69W, LOVELAND, CO, 80537

    Registry ID: 110012343357

Statutes cited

  • CWA 404Permits for Dredge and Fill Material

Enforcement conclusions (1)

  • Bernstein and Bouchardentered 2005-03-30

    Primary law: CWA

    Federal penalty: $110,000

Timeline (6 milestones)

  • 2002-09-30Referred To Dept Of Justice
  • 2002-10-16Enforcement Action Data Entered
  • 2005-02-10Final Order Lodged
  • 2005-02-10Complaint Filed With Court
  • 2005-03-30Final Order Entered
  • 2009-07-30Enforcement Action Closed

Case metadata

EPA activity ID
86976
Case number
08-2002-0158
Lead agency
EPA
EPA region
08
Voluntary self-disclosure
No
Primary statute
Permits for Dredge and Fill Material

Sourced verbatim from EPA ECHO Enforcement Case Report for case 08-2002-0158 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.