EPA v. Brown Bulk Transportation

Case summary

'This is a Civil Judicial Referral pursuant to Section 404 of the Clean Water Act asking the Department of Justice to bring an action against J.W. Brown (Brown Bulk Transportation and Valley Materials Corporation). Between 1997 and 2000, the company filled waters of the United States as part of an unauthorized aggregate mining operation on and near lands owned by the Pala Band of Mission Indians. According to the Tribe, they did not authorize nor participate in these activities. The company excavated an 18 acre pit within the main channel of the river and constructed an earthen dam. These intrusions destroyed aquatic habitat occupied by the endangered arroyo southwestern toad, caused the river to change course, and increased the risk of flood damage to tribal infrastructure. The referral package includes requirements for the proposed defendants to: (1) prepare and implement EPA approved work plans for site restoration and stabilization; and (2) provide interagency access to the site to monitor their compliance with these plans. Also, we recommend imposing civil penalties against the defendants to deter illegal aggregate mining throughout the watershed. NOTE: For further information on the closely related judicial action against the Pala Band of Mission Indians, see the case summary under the Pala Band referral (09-2004-0369)

Defendants (4)

• Brown Bulk TransportationNamed in complaintNamed in settlement
• Valley Materials CorporationNamed in complaintNamed in settlement
• Pala Band of Mission IndiansNamed in complaintNamed in settlement
• Jerry TurkNamed in complaintNamed in settlement

Facilities (1)

• BROWN BULK TRANSPORTATION (AGGREGATE MINING SITE)

  SAN LUIS REY RIVER ON PALA INDIAN RES NEAR HWY 76, PALA, CA, 92059

  Registry ID: 110012223094

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Brown Bulk Transportationentered 2007-01-09

  Primary law: CWA

  Federal penalty: $65,000

Timeline (7 milestones)

• 2002-09-26Referred To Dept Of Justice
• 2002-10-20Enforcement Action Data Entered
• 2004-08-03Supplemental Referral-Adding parties, counts
• 2007-01-09Enforcement Action Closed
• 2007-01-09Final Order Entered
• 2007-01-09Final Order Lodged
• 2007-01-09Complaint Filed With Court