EPA v. Union Pacific Railroad - Laguna Creek

Case summary

'This is an Administrative Penalty Complaint pursuant to Section 404 of the Clean Water Act issued to Union Pacific Railroad (UPRR). The complaint seeks a penalty amount up to $137,500. On or about the dates of September 24-27 1999, UPRR instructed its contractor to employ heavy, earth-moving equipment to demolish the existing Laguna Creek Bridge, prepare the construction area, and install a new bridge over Laguna Creek. UPRR or its contractor cleared and graded the banks of Laguna Creek and altered the channel bottom with bulldozers, backhoes, dump trucks, and a tracked excavator. The contractor also created and employed an in-stream diversion or check dam using rocks, plastic, and dirt; dredged and filled channel areas where the old and new bridge pilings occur; and dredged and filled areas up and down-stream of the bridge itself. UPRR built the pilings which support the new bridge structure. These pilings are themselves unauthorized fill since they consist of concrete, which is not similar to the old timber pilings, and their placement is not within the same configuration or footprint as the old pilings. Immediately after learning of the bridge construction, the Army Corps of Engineers and the City of Santa Barbara made demands for site restoration. In response, UPRR hired an environmental consultant, Althouse and Meade, to develop and implement environmental restoration measures at the site. UPRR has subsequently met all of the Corps'' requirements for site restoration and, therefore, injunctive relief is not an issue in this violation.

Defendants (1)

• Union Pacific RailroadNamed in complaintNamed in settlement

Facilities (1)

• LAGUNA CREEK BRIDGE

  LAGUNA CREEK NEAR GARDEN STREET EXIT HIGHWAY 101, SANTA BARBARA, CA, 93101

  Registry ID: 110013688401

Statutes cited

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

Enforcement conclusions (1)

• Union Pacific - Laguna Creek Consent Agreemententered 2003-04-01

  Primary law: CWA

  Federal penalty: $70,000

Timeline (4 milestones)

• 2002-09-24Complaint Filed/Proposed Order
• 2002-10-30Enforcement Action Data Entered
• 2003-04-01Final Order Issued
• 2003-04-25Enforcement Action Closed