EPA v. Union Pacific Railroad - Carpenteria

Case summary

'This is a APO pursuant to Section 404 of the Clean Water Act issued to Union Pacific Railroad (UPRR). Information available to EPA indicates that UPRR violated Section 404 of the Act in early December 1997, when UPRR discharged dredged and fill materials into Carpenteria Salt Marsh, a water of the United States, during unauthorized trenching, filling, and dredging activities adjacent to its railroad tracks in Santa Barbara, California. UPRR''s tracks are adjacent to and border the eastern-most portion of the Marsh and are located within tidally-influenced marsh habitat. Specifically, UPRR used heavy equipment such as dump trucks, tracked excavators, and backhoes to excavate trenches and place access roads in the Marsh along both sides of the railroad tracks, east and west, causing the discharge of dredged and fill materials, such as dirt, rocks and vegetative matter, into the Marsh wetlands which qualify as waters of the United States. The Marsh covers approximately 230 acres, of which approximately 120 acres are owned and managed by the University of California, Santa Barbara. The Marsh is a research reserve as well as a wildlife sanctuary and supports endangered birds and plants. On 10 June 1998, EPA issued an AO which required UPRR to submit and implement a restoration plan for the areas of the Marsh that were impacted by UPRR or its contractors during their dredge and fill activities (Docket No. CWA 404- 09a-98-007). As part of the AO, UPRR hired an environmental consultant to develop and implement environmental restoration measures at the site. UP fully complied with this AO for site restoration and, therefore, injunctive relief is not an issue here. The complaint seeks up to $137,500 in penalties.

Defendants (1)

• Union Pacific RailroadNamed in complaintNamed in settlement

Facilities (1)

• CARPINTERIA SALT MARSH

  W OF HWY 101, AT CARPINTERIA CITY LIMIT (SOUTH), CARPINTERIA, CA, 93013

  Registry ID: 110010596024

Statutes cited

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

Enforcement conclusions (1)

• Union Pacific - Carpenteria Consent Agreemententered 2003-04-01

  Primary law: CWA

  Federal penalty: $55,000

Timeline (4 milestones)

• 2002-09-17Complaint Filed/Proposed Order
• 2002-10-30Enforcement Action Data Entered
• 2003-04-01Enforcement Action Closed
• 2003-04-01Final Order Issued