EPA v. City of Bakersfield
Unilateral Administrative Order Without Adjudication
Case summary
Wetlands Enforcement Action against the City of Bakersfield; Kern River Violation: The EPA Wetlands Regulatory Office in Region 9 sent an Administrative Order to the City of Bakersfield, California, requiring mitigation for unauthorized discharges of dredged and fill material into the Kern River between the years of 2000 and 2002. In accordance with an agreement signed with Caltrans and Union Pacific Railroad, the City constructed three weirs and filled five acres of the river to protect the Golden State Highway Bridge and a Railroad Bridge from erosion. The Sacramento Corps District referred the case to EPA after the City's Water Resources Director repeatedly ignored their warnings to secure federal permits before proceeding with the work. The Order requires the City to restore ten acres of riparian habitat within the Kern River watershed.
Defendants (1)
- City of Bakersfield Water Resources DepartmentNamed in complaintNamed in settlement
Facilities (1)
CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT
1000 BUENA VISTA BLVD., BAKERSFIELD, CA, 93311
Registry ID: 110015753674
Statutes cited
- CWA 404 — Permits for Dredge and Fill Material
Enforcement conclusions (1)
City of Bakersfield Compliance Orderentered 2003-09-08
Primary law: CWA
Timeline (5 milestones)
- 2003-09-08Complaint Filed/Proposed Order
- 2003-09-08Final Order Issued
- 2003-09-27Enforcement Action Data Entered
- 2014-04-23Compliance Achieved
- 2014-06-27Enforcement Action Closed
Case metadata
- EPA activity ID
- 104533
- Case number
- 09-2003-0129
- Lead agency
- EPA
- EPA region
- 09
- Voluntary self-disclosure
- No
- Primary statute
- Permits for Dredge and Fill Material
Sourced verbatim from EPA ECHO Enforcement Case Report for case 09-2003-0129 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.