EPA v. California Olive Ranch

Case summary

This is a Civil Judicial Referral pursuant to CWA Section 404 issued to the California Olive Ranch, Inc. (COR). The violation involves activities that took place in the year 2000 resulting in the destruction of 53-acres of vernal pools and other jurisdictional waters through deep-ripping of more than 500 acres of undisturbed land on a 733-acre site near Wyandotte Creek within the Feather River basin. On September 9, 2002, EPA and COR signed an Administrative Order on Consent (AOC) to resolve the violation pursuant to Section 404 of the Clean Water Act. Under terms of the agreement, COR set-aside as a conservation area a 156-acre portion of the ranch, and constructed 2.2 acres of on-site seasonal wetlands. The AOC also required COR to purchase and protect (with appropriate stewardship arrangements) an off-site, vernal pool landscape encompassing 40 acres. Despite intensive negotiations between EPA, FWS, COR, the proposed defendant has missed a deadline agreed upon in the AOC to purchase and protect an off-site parcel by October 2003. Accordingly, this referral seeks the filing of a civil action to: (1) obtain a decree requiring COR to comply with the provisions of the AOC requiring off-site conservation; and (2) imposing penalties and further injunctive relief, as appropriate. Furthermore, EPA asks DOJ to seek a tolling agreement with COR as soon as possible to preserve our penalty claims arising from the unpermitted discharges.

Defendants (1)

• California Olive Ranch CorporationNamed in complaintNamed in settlement

Facilities (1)

• CALIFORNIA OLIVE RANCH

  LONE TREE AND CENTRAL HOUSE ROADS, GRIDLEY, CA, 95498

  Registry ID: 110013689650

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• California Olive Ranch Consent Decreeentered 2006-01-09

  Primary law: CWA

  Federal penalty: $70,000

Timeline (6 milestones)

• 2004-09-30Referred To Dept Of Justice
• 2004-10-13Enforcement Action Data Entered
• 2005-11-02Complaint Filed With Court
• 2005-11-02Final Order Lodged
• 2006-01-09Enforcement Action Closed
• 2006-01-09Final Order Entered