EPA v. Leyendekker Parcel

Case summary

'This is Administrative Order was sent to the Leyendekkers pursuant to Section 404 of the Clean Water Act. During or about June 2000, Gerben Leyendekker approved, directed, or otherwise participated in a project at the site by Laser Land Finishing, Inc. involving mechanized land clearing in waters of the United States, including wetlands. In implementing the project, Gerben Leyendekker and his Contractor used heavy equipment, such as bulldozers, tractors, deep-rippers, scrapers and other laser leveling equipment to discharge earthen materials, primarily consisting of native soils, into 32.8 acres of Cottonwood Creek, its tributaries, and Adjacent Wetlands. The AO requires the landowners to: (1) immediately cease additional discharges of dredged or fill material into waters of the United States on their property, except as authorized by a CWA permit issued by the Corps; (2) by 8 November 2002 submit to EPA for approval the name(s) of a qualified contractor, hired at their expense, to prepare a site restoration plan; and (3) by 10 December 2002 submit to EPA for review a removal/restoration plan for on-site impacts, and an off-site mitigation plan which proposes the preservation of one acre of waters of the United States for every acre impacted by the unauthorized activities.

Defendants (3)

• Frank LeyendekkerNamed in complaintNamed in settlement
• Adrianna LeyendekkerNamed in complaintNamed in settlement
• Gerben LeyendekkerNamed in complaintNamed in settlement

Facilities (1)

• LEYENDEKKER PARCEL

  AVENUE 360 NEAR JUNCTION OF ROAD 100, VISALIA, CA, 93291

  Registry ID: 110013711518

Statutes cited

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

Enforcement conclusions (1)

• Leyendekker Parcel Orderentered 2002-09-26

  Primary law: CWA

Timeline (3 milestones)

• 2002-09-26Final Order Issued
• 2002-09-26Complaint Filed/Proposed Order
• 2002-10-30Enforcement Action Data Entered