EPA v. Charging Eagle Enterprises, LLC

Case summary

On December 16, 2021, the final order on the Charging Eagle Enterprises, LLC (Charging Eagle) Consent Agreement was entered. The Consent Agreement settles allegations by the EPA that Charging Eagle violated the Clean Water Act (CWA) by discharging pollutants from the MHA Nation Administration Building construction site (Site) located in New Town, North Dakota as a result of unauthorized discharges of storm water into Lake Sakakawea. Charging Eagle was the operator for the Site between November 5, 2018, and September 3, 2019. The Site is within the exterior boundaries of the Fort Berthold Reservation. The Site encompasses approximately 9.3 acres. In the Consent Agreement, the EPA alleged that Charging Eagle violated the CWA by discharging pollutants from the Site into Lake Sakakawea without a permit at least 17 times between November 5, 2018 and September 3, 2019, in violation of section 301 of the CWA, 33 U.S.C. ? 1311(a). The Consent Agreement requires Charging Eagle to pay a civil administrative penalty of $33,000 to resolve its civil penalty liability for these alleged violations.

Defendants (1)

• Charging Eagle Enterprises, LLCNamed in complaintNamed in settlement

Facilities (1)

• MHA TAT ADMIN BUILDING PHASE 1

  404 FRONTAGE ROAD, NEW TOWN, ND, 58763

  Registry ID: 110070598641

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Charging Eagle Enterprises, LLCentered 2021-12-16

  Primary law: CWA

  Federal penalty: $33,000

Timeline (5 milestones)

• 2021-12-16Final Order Issued
• 2021-12-16Complaint Filed/Proposed Order
• 2021-12-21Enforcement Action Data Entered
• 2022-01-19NPDES Closed
• 2022-01-19Enforcement Action Closed