EPA v. Dennis Wendt and Wendt Construction

Case summary

The U.S. Environmental Protection Agency has ordered Dennis Wendt and Wendt Construction to restore sensitive wetlands near the Eel River that the company graded and filled during construction activities at its housing development site in Fortuna, Calif. The 2012 order required the company to remove soil and other fill, restore wetland habitat, including vegetation with native species, implement measures to control sedimentation and erosion of bank areas, and obtain a permit for any future discharges to wetlands. The company must also implement a five-year monitoring program and submit annual monitoring reports to the EPA. On January 10, 2019, the Court amended the CD. Under the amended consent decree, defendants agree to fund off-site mitigation in lieu of on-site mitigation required under the original consent decree. The parties further explain that defendants dedicated $150,000 to pay for such off-site mitigation, to be paid to the California Department of Fish and Wildlife for the Cock Robin Island Riparian Habitat Enhancement in Humboldt County, California. On February 14, 2019, the Court terminated the amended consent decree upon Defendant's meeting of the payment obligation.

Defendants (2)

• Dennis WendtNamed in complaintNamed in settlement
• Wendt ConstructionNamed in complaintNamed in settlement

Facilities (1)

• WENDT CONSTRUCTION

  1075 SOUTH FORTUNA ROAD, FORTUNA, CA, 95540

  Registry ID: 110033197323

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (2)

• Dennis Wendt and Wendt Constructionentered 2019-01-10

  Primary law: CWA

• Dennis Wendt and Wendt Constructionentered 2012-09-24

  Primary law: CWA

  Federal penalty: $170,000

Timeline (7 milestones)

• 2009-09-11Referred To Dept Of Justice
• 2009-09-17Enforcement Action Data Entered
• 2010-07-19Supplemental Referral-Adding parties, counts
• 2012-05-03Complaint Filed With Court
• 2019-01-02Final Order Lodged
• 2019-01-10Final Order Entered
• 2019-02-14Enforcement Action Closed