EPA v. Fenn, Devin (D. Fenn Enterprises)

Case summary

This action is an Administrative Order (AO) requiring Triumph Builders (prime contractor) and Devin Fenn and D. Fenn Enterprises, Inc. (subcontractors) to remove demolition waste from the San Pedro River and to restore the site to pre-disturbance condition. The San Pedro River originates in Mexico and is recognized by scientists, government agencies, and non-governmental organizations as one of the most important environmental assets in the United States. In 2003, Devin Fenn and his company via contract with Triumph Builders were involved in demolition and construction projects near Pomerene, Arizona where large quantities of solid waste were generated. Waste materials including broken concrete, asphalt, metal rebar, soil, PVC pipes, and vegetative debris were trucked to the river and dumped, creating approximately 20 ft by 100 ft of rubble lining along the San Pedro River bankline. Devin Fenn's company was also the contractor responsible for discharges in an earlier enforcement matter involving the San Pedro River, see Kartchner (09-2004-0354). This AO requires Fenn to implement a removal and restoration plan.

Defendants (2)

• Devin Fenn (D. Fenn Enterprises Inc.)Named in complaintNamed in settlement
• Triumph Builders Inc.Named in complaintNamed in settlement

Facilities (1)

• BARNEY RESIDENCE

  1328 NORTH OLD POMERENE ROAD, POMERENE, AZ, 85627

  Registry ID: 110018917038

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Fenn, Devin (D. Fenn Enterprises) (UAO)entered 2006-02-16

  Primary law: CWA

Timeline (4 milestones)

• 2006-02-16Enforcement Action Closed
• 2006-02-16Complaint Filed/Proposed Order
• 2006-02-16Final Order Issued
• 2006-04-10Enforcement Action Data Entered