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08-2005-0148JudicialClosedFY 2005· Region 08

EPA v. Zelmer, Inc./Spencer Heights, Inc.

Litigated With Penalty

Case summary

This referral is submitted to DOJ against Zelmer, Inc. and Spencer Heights, Inc. for violations of the CWA. These violations include unauthorized discharge of dredged or fill material into waters of the US; failure to apply for a storm water permit prior to construction; failure to implement the requirements of South Dakota's general storm water permit; and failure to comply with an administrative order issued 9/30/2004.

Defendants (2)

  • Zelmer, Inc.Named in complaintNamed in settlement
  • Spencer Heights, Inc.Named in complaintNamed in settlement

Facilities (1)

  • ZELMER INC

    27172 469TH AVENUE, TEA, SD, 57064

    Registry ID: 110017716391

Statutes cited

  • CWA 309Violation of Existing AO
  • CWA 301/402NPDES Permit Violations
  • CWA 404Permits for Dredge and Fill Material

Enforcement conclusions (1)

  • Zelmer, Inc./Spencer Heights, Inc.entered 2009-07-21

    Primary law: CWA

    Federal penalty: $25,000

Timeline (6 milestones)

  • 2005-08-17Referred To Dept Of Justice
  • 2005-08-19Enforcement Action Data Entered
  • 2009-05-21Final Order Lodged
  • 2009-05-21Complaint Filed With Court
  • 2009-07-21Final Order Entered
  • 2025-10-23Enforcement Action Closed

Case metadata

EPA activity ID
154686
Case number
08-2005-0148
Lead agency
EPA
EPA region
08
Voluntary self-disclosure
No
Primary statute
Violation of Existing AO

Sourced verbatim from EPA ECHO Enforcement Case Report for case 08-2005-0148 . 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.