EPA v. Kartchner - San Pedro River

Case summary

This is an Administrative Penalty action pursuant to CWA Section 309 and 404 issued to Dr. Paul Kartchner and Susan Kartchner. The violation involved the redistribution (discharge, addition) of native streambed materials (fill material) in the active channel of the San Pedro River in St. David, Cochise Co., AZ. Respondent hired a contractor to utilize heavy equipment (point source) in removing salt cedar trees and redistribute sand and gravel from the stream bed to protect the eastern bank of the River from erosion, above which is a field in agricultural production. These activities in waters of the U.S. are federally regulated by the Corps of Engineers, but respondent did not apply for a permit for the activities. Most of the discharged materials were washed downstream in the first major storm event of the season. The environmental harm is mostly of a temporal nature (primarily to regional water quality, naturally ameliorated), but the San Pedro is an outstanding natural resource water. The San Pedro is an international resource, originating in Mexico and flowing north to its confluence with the Gila River in AZ. Less than ten miles from the violation site, the River is protected in an international Riparian Conservation Area managed by the Federal Bureau of Land Management; the reaches upstream and downstream of the violation are also home to 5 endangered species. Due to these factors, the case development team determined that a Class I penalty was warranted. Pre-filing negotiations were initiated by EPA at $11,000 and subsequent negotiations resulted in agreement for $5,550.

Defendants (2)

• Dr. Paul KartchnerNamed in complaintNamed in settlement
• Susan KartchnerNamed in complaintNamed in settlement

Facilities (1)

• KARTCHNER RESIDENTIAL PROPERTY

  512 SOUTH MILLER DRIVE, SAINT DAVID, AZ, 856306278

  Registry ID: 110016764349

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Kartchner - San Pedro Riverentered 2004-09-17

  Primary law: CWA

  Federal penalty: $5,500

Timeline (4 milestones)

• 2004-09-17Enforcement Action Closed
• 2004-09-17Complaint Filed/Proposed Order
• 2004-09-17Final Order Issued
• 2004-09-25Enforcement Action Data Entered