EPA v. Bruce Birch

Case summary

'On 24 September 2002, Region IX issued to Bruce Birch a Class II Administrative Penalty Order for violations of Sections 301 and 404 of the Clean Water Act. Mr. Birch committed these violations while working with Al Julian on the operation of an illegal aggregate mine on the San Luis Rey River in Northern San Diego County. Without federal authorization, Mr. Birch discharged dredged and fill material into the river and caused degradation to nationally important aquatic resource. The Order seeks a fine of up to $137,500 to resolve the matter and to help deter other potential violations within the watershed. Injunctive relief is not sought under this Order.'

Defendants (1)

• Bruce BirchNamed in complaintNamed in settlement

Facilities (1)

• SAN LUIS REY RIVER AGGREGATE MINE SITE

  SAN DIEGO COUNTY ASSESSOR PARCEL NO. 130-010-034, PAUMA VALLEY, CA, 92061

  Registry ID: 110013689623

Statutes cited

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

Enforcement conclusions (1)

• Bruce Birch Consent Agreemententered 2003-08-04

  Primary law: CWA

  Federal penalty: $37,000

Timeline (4 milestones)

• 2002-09-24Complaint Filed/Proposed Order
• 2002-10-29Enforcement Action Data Entered
• 2003-08-04Final Order Issued
• 2003-08-19Enforcement Action Closed