EPA v. ADAM BROTHERS FARMING

Case summary

THIS IS A CIVIL JUDICIAL REFERRAL PURSUANT TO THE CLEAN WATER ACT ISSUED TO ADAM BROS. FARMING, INC. AND RELATED DEFENDANTS. VIOLATIONS INVOLVE UNPERMITTED DISCHARGES OF DREDGED AND FILL MATERIAL TO A STREAM AND WETLANDS, FAILURE TO COMPLY WITH AN EPA ADMINISTRATIVE ORDER, AND FAILURE TO APPLY FOR A STORM WATER NPDES PERMIT. THE REFERRAL SEEKS AN INJUNCTION REQUIRING THE DEFENDANTS TO COMPLY WITH EPA'S ADMINISTRATIVE ORDER AND TO APPLY FOR AND COMPLY WITH STORM WATER NPDES PERMIT. REFERRAL ALSO RECOMMENDS CONSIDERATION OF AN APPROPRIATE CIVIL PENALTY, BUT SUGGESTS STAYING THE PENALTY PORTION OF THE CASE PENDING RESOLUTION OF A POTENTIAL PARALLEL CRIMINAL PROCEEDING.

Defendants (6)

• ADAM BROTHERS FARMING INC.Named in complaintNamed in settlement
• DOMINIC ADAMNamed in complaintNamed in settlement
• ICEBERG HOLDING L.P.Named in complaintNamed in settlement
• KIERAN ADAMNamed in complaintNamed in settlement
• PETER ADAMNamed in complaintNamed in settlement
• RICHARD ADAMNamed in complaintNamed in settlement

Facilities (2)

• ADAM BROTHERS FARM

  HWY ONE BETWEEN BLACK RD AND SOLOMON RD, ORCUTT, CA, 93455

  Registry ID: 110010627759

• ADAM BROTHERS FARM

  HWY ONE BETWEEN BLACK RD AND SOLOMON RD, ORCUTT, CA, 93455

  Registry ID: 110010627759

Statutes cited

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

Enforcement conclusions (1)

• ADAM BROTHERS FARMINGentered 2005-04-07

  Primary law: CWA

  Federal penalty: $200,000

Timeline (6 milestones)

• 1999-09-30Referred To Dept Of Justice
• 2000-05-30Enforcement Action Data Entered
• 2000-07-07Complaint Filed With Court
• 2005-02-25Final Order Lodged
• 2005-04-07Concluded
• 2005-04-07Final Order Entered